[Federal Register Volume 68, Number 52 (Tuesday, March 18, 2003)]
[Rules and Regulations]
[Pages 12981-13141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5239]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Final Designations and 
Nondesignations of Critical Habitat for 42 Plant Species From the 
Island of Molokai, Hawaii; Final Rule

Federal Register / Vol. 68, No. 52 / Tuesday, March 18, 2003 / Rules 
and Regulations

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH08


Endangered and Threatened Wildlife and Plants; Final Designations 
and Nondesignations of Critical Habitat for 42 Plant Species From the 
Island of Molokai, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate 
critical habitat pursuant to the Endangered Species Act of 1973, as 
amended (Act), for 41 of 51 listed species known historically from the 
Hawaiian island of Molokai. A total of approximately 9,843 hectares 
(24,333 acres) of land on Molokai fall within the boundaries of the 88 
critical habitat units designated for these 41 species. This critical 
habitat designation requires the Service to consult under section 7 of 
the Act with regard to actions carried out, funded, or authorized by a 
Federal agency. Section 4 of the Act requires us to consider economic 
and other relevant impacts when specifying any particular area as 
critical habitat. This rule also determines that designating critical 
habitat would not be prudent for one species, Pritchardia munroi. We 
solicited data and comments from the public on all aspects of the 
proposed rule, including data on economic and other impacts of the 
designation.

DATES: This rule becomes effective on April 17, 2003.

ADDRESSES: Comments and materials received, as well as supporting 
documentation, used in the preparation of this final rule will be 
available for public inspection, by appointment, during normal business 
hours at U.S. Fish and Wildlife Service, Pacific Islands Office, 300 
Ala Moana Blvd., Room 3-122, P.O. Box 50088, Honolulu, HI 96850-0001.

FOR FURTHER INFORMATION CONTACT: Paul Henson, Field Supervisor, Pacific 
Islands Office at the above address (telephone 808/541-3441; facsimile 
808/541-3470).

SUPPLEMENTARY INFORMATION:

Background

    In the List of Endangered and Threatened Plants (50 CFR 17.12), 
there are 51 plant species that, at the time of listing, were reported 
from the island of Molokai (Table 1).

                                           Table 1.--Summary of Island Distribution of 51 Species From Molokai
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Island distribution
           Species (common name)           -------------------------------------------------------------------------------------------------------------
                                               Kauai         Oahu       Molokai       Lanai         Maui        Hawaii    N.W. Isles,  Kahoolawe, Niihau
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adenophorus periens (pendant kihi fern)...            C           H             C           R            R             C  ..............................
Alectryon macrococcus (mahoe).............            C            C            C  ...........            C  ...........  ..............................
Bidens wiebkei (kookoolau)................  ...........  ...........            C  ...........  ...........  ...........  ..............................
Bonamia menziesii (No common name)........            C            C           H             C            C            C  ..............................
Brighamia rockii (pua ala)................  ...........  ...........            C           H            H   ...........  ..............................
Canavalia molokaiensis (awikiwiki)........  ...........  ...........            C  ...........  ...........  ...........  ..............................
Centaurium sebaeoides (awiwi).............            C            C            C            C            C  ...........  ..............................
Clermontia oblongifolia ssp. brevipes (oha  ...........  ...........            C  ...........  ...........  ...........  ..............................
 wai).
Ctenitis squamigera (pauoa)...............           H             C            C            C            C           H   ..............................
Cyanea dunbarii (haha)....................  ...........  ...........            C  ...........  ...........  ...........  ..............................
Cyanea grimesiana ssp. grimesiana (haha)..  ...........            C            C            C            C  ...........  ..............................
Cyanea mannii (haha)......................  ...........  ...........            C  ...........  ...........  ...........  ..............................
Cyanea procera (haha).....................  ...........  ...........            C  ...........  ...........  ...........  ..............................
Cyperus trachysanthos (puukaa)............            C            C           H            H   ...........  ...........  Ni (C)
Diellia erecta (asplenium-leaved diellia).            C            C            C           H             C            C  ..............................
Diplazium molokaiense (No common name)....           H            H            H            H             C  ...........  ..............................
Eugenia koolauensis (nioi)................  ...........            C           H   ...........  ...........  ...........  ..............................
Flueggea neowawraea (mehamehame)..........            C            C           H   ...........            C            C  ..............................
Hedyotis mannii (pilo)....................  ...........  ...........            C            C            C  ...........  ..............................
Hesperomannia arborescens (No common name)  ...........            C            C           H             C  ...........  ..............................
Hibiscus arnottianus ssp. immaculatus       ...........  ...........            C  ...........  ...........  ...........  ..............................
 (kokio keokeo).
Hibiscus brackenridgei (mao hau hele).....           H             C           H             C            C            C  Ka (R)
Ischaemum byroneHilo ischaemum)...........           R   ...........            C  ...........            C  ...........  ..............................
Isodendrion pyrifolium (wahine noho kula).           H            H            H            H            H             C  Ni (H)
Labordia triflora (kamakahala)............  ...........  ...........            C  ...........  ...........  ...........  ..............................
Lysimachia maxima (No common name)........  ...........  ...........            C  ...........  ...........  ...........  ..............................
Mariscus fauriei (No common name).........  ...........  ...........            C           H   ...........            C  ..............................
Marsilea villosa (ihi ihi)................  ...........            C            C  ...........  ...........  ...........  Ni (H)
Melicope mucronulata (alani)..............  ...........  ...........            C  ...........            C  ...........  ..............................
Melicope munroi (alani)...................  ...........  ...........           H             C  ...........  ...........  ..............................
Melicope reflexa (alani)..................  ...........  ...........            C  ...........  ...........  ...........  ..............................
Neraudia sericea (No common name).........  ...........  ...........            C           H             C  ...........  Ka (H)
Peucedanum sandwicense (makou)............            C            C            C  ...........            C  ...........  ..............................
Phyllostegia mannii (No common name)......  ...........  ...........            C  ...........           H   ...........  ..............................
Phyllostegia mollis (No common name)......  ...........            C           H   ...........            C  ...........  ..............................
Plantago princeps (laukahi kuahiwi).......            C            C            C  ...........            C           H   ..............................
Platanthera holochila (No common name)....            C           H             C  ...........            C  ...........  ..............................
Pritchardia munroi (loulu)................  ...........  ...........            C  ...........  ...........  ...........  ..............................
Pteris lidgatei (No common name)..........  ...........            C           H   ...........            C  ...........  ..............................
Schiedea lydgatei (No common name)........  ...........  ...........            C  ...........  ...........  ...........  ..............................

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Schiedea nuttallii (No common name).......            C            C            C  ...........           R   ...........  ..............................
Schiedea sarmentosa (No common name)......  ...........  ...........            C  ...........  ...........  ...........  ..............................
Sesbania, tomentosa (ohai)................            C            C            C           H             C            C  Ni (H), Ka (C), NW Isles (C)
Silene alexandri (No common name).........  ...........  ...........           H   ...........  ...........  ...........  ..............................
Silene lanceolata (No common name)........           H             C            C           H   ...........            C  ..............................
Solanum incompletum (popolo ku mai).......           H   ...........           H   ...........           H            H   C
Spermolepis hawaiiensis (No common name)..            C            C            C            C            C            C  ..............................
Stenogyne bifida (No common name).........  ...........  ...........            C  ...........  ...........  ...........  ..............................
Tetramolopium rockii (No common name).....  ...........  ...........            C  ...........  ...........  ...........  ..............................
Vigna o-wahuensis (No common name)........  ...........           H             C            C            C            C  Ni (H), Ka (C)
Zanthoxylum hawaiiense (ae)...............            C  ...........            C           H             C            C  ..............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
KEY: C (Current)--population last observed within the past 30 years. H (Historical)--population not seen for more than 30 years. R (Reported)--reported
  from undocumented observations.

    Sixteen of these species are endemic to the island of Molokai, 
while 35 species are reported from Molokai and one or more other 
Hawaiian islands. Each of these species is described in more detail 
below in the section ``Discussion of Plant Taxa.'' Although we 
considered designating critical habitat on Molokai for each of the 51 
plant species, for the reasons described below, the final designation 
includes critical habitat for 41 of 51 plant species. Species that also 
occur on other Hawaiian islands may have critical habitat designated on 
those other islands in subsequent rulemakings.

The Island of Molokai

    The island of Molokai, the fifth largest in the Hawaiian Islands 
chain, is approximately 61 kilometers (km) (38 miles (mi)) long, up to 
17 km (10 mi) wide, and encompasses an area of about 688 square (sq) km 
(266 sq mi). Three shield volcanoes make up most of the land mass of 
Molokai: West Molokai Mountain, East Molokai Mountain, and a volcano 
that formed Kalaupapa Peninsula.
    The taller and larger East Molokai Mountain rises 1,813 meters (m) 
(4,970 feet (ft)) above sea level and comprises roughly 50 percent of 
the island's area. Topographically, the windward (north) side of East 
Molokai differs from the leeward (south) side. Precipitous cliffs line 
the windward coast and deep valleys dissect the coastal area. The 
annual rainfall on the windward side is 200 to over 375 centimeters 
(cm) (75 to over 150 inches (in)), distributed throughout the year. The 
soils are poorly drained and high in organic matter. The gulches and 
valleys are usually very steep, but sometimes gently sloping. Much of 
the native vegetation on windward East Molokai is intact because of its 
relative inaccessibility to humans and animals, although destructive 
ungulates have begun to enter the area in recent years.

Discussion of Plant Taxa

Species Endemic to Molokai

Bidens wiebkei (kookoolau)

    Bidens wiebkei, a member of the aster family (Asteraceae), is a 
short-lived perennial herb, which is somewhat woody at the base and 
grows from 0.5 to 1 m (1.6 to 3.3 ft) tall with opposite, pinnately 
compound leaves. This plant is distinguished from other Bidens species 
that grow on Molokai by its erect habit and the curved or twisted, 
winged achenes (Ganders and Nagata 1999, 57 FR 46325).
    This species has been observed in flower during May. Little else is 
known about the life history of Bidens wiebkei. Its flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown. (Hawaii 
Natural Heritage Program (HINHP) Database 2000, United States Fish and 
Wildlife Service (Service) 1996a).
    Historically, Bidens wiebkei was known from Pelekunu and the 
easternmost section of Molokai at Halawa. It is found currently in 
Halawaiki Gulch, Lamaloa Gulch, and below Puu Kolekole on private 
lands. There are a total of 5 occurrences containing more than 200 
individuals (Geographic Decision Systems International (GDSI) 2000, 
HINHP Database 2000).
    The currently known populations of Bidens wiebkei are scattered 
along slopes in Metrosideros polymorpha (ohia) dominated mesic 
shrublands or dry or mesic Metrosideros polymorpha-Leptechophylla 
tameiameiae (pukiawe) lowland shrubland between 8 and 1,205 m (26 and 
3,952 ft) in elevation. Other associated plant species include 
Antidesma platyphyllum (hame), Dodonaea viscosa (aalii), Lysimachia sp. 
(kolokolo kuahiwi), Nestegis sandwicensis (olopua), Phyllanthus 
distichus (pamakani mahu), Pisonia sp. (papala kepau), Psydrax odorata 
(alahee), or Scaevola gaudichaudii (naupaka kuahiwi) (Gagne and Cuddihy 
1999, Ganders and Nagata 1999, HINHP Database 2000).
    The major threats to Bidens wiebkei include habitat degradation and 
possible predation by axis deer (Axis axis) and feral goats (Capra 
hircus); competition with nonnative plants, such as Melinus minutiflora 
(molasses grass) and Schinus terebinthifolius (Christmas berry); fire; 
and damage by humans of those plants found along trails (HINHP Database 
2000, 57 FR 46325).

Canavalia molokaiensis (awikiwiki)

    Canavalia molokaiensis, a member of the legume family (Fabaceae), 
is a short-lived perennial climbing herb with twining branches and 
leaves made up of three lance-shaped or sometimes oval leaflets. The 
only species of this genus found on Molokai, this plant can be 
distinguished from others in the genus by its more narrow leaflets and 
its larger, rose-purple flowers (Wagner and Herbst 1999, 57 FR 46325).
    This species has been observed in flower during May and December. 
Fruits and flowers were observed in March. Little else is known about 
the life history of Canavalia molokaiensis. Its flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and

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limiting factors are unknown (HINHP Database 2000, Service 1996a).
    Historically, Canavalia molokaiensis was known from East Molokai at 
Kalaupapa, Pelekunu, and farther south in Kahuaawi Gulch, and in the 
region of Manawai. It now has a more restricted range, from Kalaupapa 
to Waialeia, Kaunakakai, Pelekunu, and Kamakou. There are a total of 7 
occurrences containing more than 50 plants on State lands, including 
lands managed by the National Park Service at Kalaupapa National 
Historical Park, and privately owned lands (GDSI 2000, HINHP Database 
2000).
    Canavalia molokaiensis typically grows in exposed sites, both dry 
and mesic, on steep slopes in Metrosideros polymorpha-Dodonaea viscosa 
lowland shrubland and mesic shrublands between 271 and 1,140 m (889 and 
3,739 ft) in elevation. Associated plant species include Artemisia sp. 
(hinahina), Chamaesyce sp. (akoko), Coprosma sp. (pilo), Leptecophylla 
tameiameiae, or Wikstroemia sp. (akia) (HINHP Database 2000).
    The threats to this species include habitat degradation by feral 
ungulates, such as feral goats and pigs (Sus scrofa), possible 
predation by feral goats, and competition with nonnative plants, such 
as Melinis minutiflora (Service 1996a).

Clermontia oblongifolia ssp. brevipes (oha wai)

    Clermontia oblongifolia ssp. brevipes, a member of the bellflower 
family (Campanulaceae), is a short-lived perennial shrub or tree that 
reaches a height of 2 to 7 m (6.6 to 23 ft). This species is 
distinguished from others in the genus by the structure of its calyx 
and corolla, as well as by the lengths of the flower, the floral lobes, 
and the green hypanthium (base of flower). This subspecies differs from 
others of the species by the shape and length of its leaves, leaf 
stalks, and flower stalks (Lammers 1988, 1999).
    Little is known about the life history of Clermontia oblongifolia 
ssp. brevipes. Its flowering cycles, pollination vectors, seed 
dispersal agents, longevity, specific environmental requirements, and 
limiting factors are unknown (Service 1996a).
    Clermontia oblongifolia ssp. brevipes is known from five 
individuals on the privately owned land of the Nature Conservancy of 
Hawaii's (TNCH) Pelekunu Preserve. The historical range of this 
subspecies is not known (HINHP Database 2000; Service 1996a; Joel Lau, 
HINHP, in litt. 2000).
    Clermontia oblongifolia ssp. brevipes occurs in shallow soil on 
gulch slopes in the wet Metrosideros polymorpha-dominated forests 
between 776 and 1,508 m (2,545 and 4,946 ft) in elevation. Associated 
plant species include Broussaisia arguta (kanawao), Cheirodendron 
trigynum (olapa), Cibotium spp. (hapuu), Hedyotis terminalis (manono), 
or Melicope sp. (alani) (HINHP Database 2000; Joel Lau, HINHP, in litt. 
2000).
    The threats to this species on Molokai are habitat degradation by 
feral pigs; possible predation on the fruit or plant parts by rats 
(Rattus rattus), as evidence on related species suggests; and random 
naturally occurring events that may cause the extinction of the entire 
species due to the very small number of individuals (Service 1996a, 57 
FR 46325).

Cyanea dunbarii (haha)

    Cyanea dunbarii, a member of the bellflower family (Campanulaceae), 
is a short-lived perennial, branched shrub 1.5 to 2 m (4.9 to 6.6 ft) 
tall with oval to broadly elliptic leaves that have irregularly lobed 
or cleft margins. This species is distinguished from others in this 
endemic Hawaiian genus by the lack of prickles on the stems and the 
irregularly lobed and cleft leaf margins (Lammers 1999).
    Cyanea dunbarii has been observed in flower, with immature fruit, 
in September. Little is known about the life history of Cyanea 
dunbarii. Its flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (HINHP Database 2000, Service 1998a).
    Cyanea dunbarii was collected in 1918 at Waihanau and Waialae 
Valleys, and was not observed again until 1992, when Joel Lau of HINHP 
found it in Mokomoko Gulch on State-owned land within Molokai Forest 
Reserve. Currently it is known from one occurrence of approximately 30 
mature plants at an elevation of 671 m (2,200 ft) (GDSI 2000; HINHP 
Database 2000; 61 FR 53130; Ken Wood, National Tropical Botanical 
Garden (NTBG), in litt. 2000).
    Cyanea dunbarii occurs on a streambank in a mesic to wet 
Dicranopteris linearis (uluhe)-Metrosideros polymorpha lowland forest 
on moderate to steep slopes between 191 and 1,248 m (626 and 4,093 ft) 
in elevation. Associated species include Charpentiera obovata (papala), 
Cheirodendron trigynum, Clermontia kakeana (ohawai), Diplazium 
sandwichianum (hoio), Freycinetia arborea (ieie), Perrottetia 
sandwicensisr (olomea), or Pipturus albidus (mamaki) (HINHP Database 
2000, Service 1998a).
    The major threats to Cyanea dunbarii on Molokai are competition 
with the non-native plants Buddleia asiatica (butterfly bush), 
Commelina diffusa (honohono), Erigeron karvinskianus (daisy fleabane), 
Kalanchoe pinnata (air plant), or Rubus rosifolius (thimbleberry); 
catastrophic extinction by naturally occurring events, such as 
landslides or flooding; reduced reproductive vigor due to the small 
number of individuals; predation by rats as rats are known to be in the 
area and are known to eat stems and fruits of other species of Cyanea; 
and habitat degradation and predation by axis deer and pigs (Cuddihy 
and Stone 1990, Service 1998a).

Cyanea mannii (haha)

    Cyanea mannii, a member of the bellflower family (Campanulaceae), 
is a branched, short-lived perennial shrub 1.5 to 3 m (5 to 10 ft) tall 
with narrowly elliptic or lance-shaped leaves. This species is 
distinguished from the seven other species of the genus on Molokai by a 
combination of the following characteristics: a branched, woody habit; 
leaves with small, hardened, marginal teeth; and a purplish corolla 
(Lammers 1999, 57 FR 46325).
    Cyanea mannii has been observed in flower during July. Little is 
known about the life history of Cyanea mannii. Its flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (HINHP 
Database 2000, Service 1996a).
    Historically, Cyanea mannii was known only from Kalae on East 
Molokai. In 1984, a single plant was discovered by Joan Aidem on 
privately owned land west of Puu Kolekole on East Molokai. Since then, 
seven additional occurrences have been discovered in the east and west 
forks of Kawela Gulch on privately owned land on East Molokai and 
within the State's Molokai Forest Reserve. These 8 occurrences contain 
approximately 200 individuals on State and privately owned lands (GDSI 
2000; HINHP Database 2000; Lammers 1999; Service 1996a; Ken Wood, NTBG, 
in litt. 2000).
    This species typically grows on the sides of deep gulches in 
Metrosideros polymorpha-dominated montane mesic forests between 191 and 
1,248 m (626 and 4,093 ft) in elevation. Associated plant species 
include Dicranopteris linearis, Vaccinium sp. (ohelo), or Wikstroemia 
sp. (HINHP Database 2000, Lammers 1999, Service 1996a).
    Threats to Cyanea mannii are habitat degradation by feral pigs; 
predation by rats, which may feed on the fruit or other parts of the 
plant, as suggested by

[[Page 12985]]

evidence from related species; and catastrophic extinction through 
naturally occurring events due to this species few occurrences and 
small number of individuals (Service 1996a).

Cyanea procera (haha)

    Cyanea procera, a member of the bellflower family (Campanulaceae), 
is a palm-like, short-lived perennial tree 3 to 9 m (10 to 30 ft) tall. 
It has stalkless, lance-shaped leaves 60 to 75 cm (24 to 30 in) long 
and 10 to 17 cm (3.9 to 6.7 in) wide with tiny hardened teeth along the 
margins. This species can be distinguished from other species of the 
genus by its growth habit, its stalkless leaves, and the single-lipped 
appearance of the corolla (Lammers 1999, 57 FR 46325).
    Little is known about the life history of Cyanea procera. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996a).
    Historically, Cyanea procera was known only from an unspecified 
site in the Kamalo region of East Molokai. Currently, this species is 
found on private land and the State's Puu Alii Natural Area Reserve 
(NAR) with a total of 5 occurrences containing at least 10 individuals 
(GDSI 2000, HINHP Database 2000).
    Cyanea procera is found on the walls of steep gulches in wet 
Metrosideros polymorpha-dominated lowland mixed forests between 277 and 
1,248 m (909 and 4,093 ft) in elevation. Associated plant species 
include Asplenium spp. (no common name (NCN)), Brousaissia arguta, 
Coprosma ochracea (pilo), Cyanea spp. (haha), Cyrtandra macrocalyx 
(haiwale), Dicranopteris linearis, Pipturus albidus, Pisonia spp., 
Scaevola procera (naupaka kuahiwi), or Touchardia latifolia (olona) 
(HINHP Database 2000, Service 1996a).
    Threats to Cyanea procera are predation by rats (as suggested by 
evidence on related species) and feral goats, habitat degradation by 
feral goats and pigs, habitat destruction through erosion, and 
catastrophic extinction from naturally occurring events due to the 
vulnerability of a few occurrences with a small number of individuals 
(57 FR 46325).

Hibiscus arnottianus ssp. immaculatus (kokio keokeo)

    Hibiscus arnottianus ssp. immaculatus, a member of the hibiscus 
family (Malvaceae), is a long-lived perennial tree up to 3 m (10 ft) 
tall with alternate, oval, toothed leaves measuring 5 to 7 cm (2 to 2.8 
in) long and 4 to 6.5 cm (1.6 to 2.6 in) wide. This subspecies is 
distinguished from other native Hawaiian members of the genus by its 
white petals and white staminal column (Bates 1999, 57 FR 46325).
    This species was observed in flower during July. Little else is 
known about the life history of Hibiscus arnottianus ssp. immaculatus. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (HINHP Database 2000, Service 1996a).
    Hibiscus arnottianus ssp. immaculatus once ranged from Waihanau 
Valley east to Papalaua Valley on East Molokai. Currently this species 
is found west of Papalaua Valley on privately owned land and in the 
State's Olokui NAR above Waiehu. There are a total of 3 occurrences 
containing between 20 and 30 individuals (GDSI 2000, HINHP Database 
2000).
    Hibiscus arnottianus ssp. immaculatus individuals are scattered 
along steep sea cliffs in mesic forests between 8 and 1,014 m (26 and 
3,326 ft) in elevation. Associated native plant species include 
Athyrium spp. (akolea), Cyanea grimesiana (haha), Antidesma 
platyphyllum, Boehmeria grandis (akolea), Diospyros sandwicensis 
(lama), Metrosideros polymorpha, Pipturus spp. (mamaki), Psydrax 
odorata, or Urera glabra (opuhe) (Bates 1999, HINHP Database 2000).
    The major threats to Hibiscus arnottianus spp. immaculatus are 
habitat destruction by feral goats and catastrophic extinction by 
naturally occurring events due to the vulnerability of the three 
occurrences and few individuals (Service 1996a).

Labordia triflora (kamakahala)

    Labordia triflora, a short-lived perennial member of the logan 
family (Loganiaceae), is similar to L. tinifolia var. lanaiensis, 
except in the following characteristics: The stems of L. triflora are 
climbing; the leaf stalks are only 1 to 3 millimeters (mm) (0.04 to 0.1 
in) long; inflorescence stalks are 40 to 50 mm (1.6 to 2 in) long; and 
each flower stalk is 10 to 25 mm (0.4 to 1 in) long (Motley 1995).
    The flowers of this species are functionally unisexual. Little else 
is known about the life history of this species. Its flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Motley 
1995, HINHP Database 2000).
    Until 1990, Labordia triflora was known only from the type 
collection at Mapulehu and was believed to be extinct. In 1990, Joel 
Lau rediscovered the species in Kua Gulch on Molokai. Currently, only 
10 individuals are known from one occurrence on privately owned land 
(GDSI 2000, HINHP Database 2000, Motley 1995).
    This species occurs on gulch slopes in mixed mesic Metrosideros 
polymorpha forest, between 191 and 1,143 m (626 and 3,749 ft) in 
elevation. Associated species include Coprosma sp., Myrsine lessertiana 
(kolea lau nui), Nephrolepis exaltata (sword fern), Pouteria 
sandwicensis (alaa), Sadleria cyatheoides (amau), or Tetraplasandra 
hawaiensis (ohe ohe) (Motley 1995; J. Lau, in litt. 2001).
    The threats to Labordia triflora include habitat degradation and 
destruction by feral pigs and goats; predation by rats that eat seeds; 
competition with the non-native plant species Schinus terebinthifolius; 
catastrophic extinction through environmental events; and reduced 
reproductive vigor due to the species' few occurrences and small number 
of individuals (Motley 1995, 64 FR 48307).

Lysimachia Maxima (NCN)

    Lysimachia maxima, a member of the primrose family (Primulaceae), 
is a sprawling, short-lived perennial shrub with reddish-brown bark. 
This species is differentiated from others in this genus by the leaves 
borne in groups of 3, the broadest portion of the leaf located above 
the middle, and rusty hairs that disappear with maturity (Wagner et al. 
1999).
    Flowers, buds, and immature fruit of Lysimachia maxima have been 
observed in late May through July. Little is known about the life 
history of this species. Its flowering cycles, pollination vectors, 
seed dispersal agents, longevity, specific environmental requirements, 
and limiting factors are unknown (Service 1998a, 61 FR 53130).
    Lysimachia maxima is only known from one occurrence containing 
between 45 and 50 individuals on the rim of Pelekunu Valley near 
Ohialele, on the privately owned land of TNCH's Pelekunu Preserve (GDSI 
2000, HINHP Database 2000).
    This species occurs in Metrosideros polymorpha-Dicranopteris 
linearis montane wet forest between 446 and 1,329 m (1,463 and 4,359 
ft) in elevation. Associated species include Dubautia sp. (naenae), 
Hedyotis sp. (NCN), Ilex anomala (kawau), Psychotria sp. (kopiko), or 
Vaccinium sp. (HINHP Database 2000).
    The major threats to Lysimachia maxima are catastrophic extinction 
from random environmental events (e.g., landslides); reduced 
reproductive vigor

[[Page 12986]]

due to the small number of individuals in the only known occurrence; 
and habitat degradation and/or predation by feral pigs and goats that 
are known from adjacent areas (Service 1998a).

Melicope reflexa (alani)

    Melicope reflexa, a long-lived perennial of the rue family 
(Rutaceae), is a sprawling shrub 1 to 3 m (3.3 to 10 ft) tall with 
short, yellowish-brown, short-lived hairs on new growth. Opposite 
leaves with leaf stalks usually over 1 cm (0.4 in) long, larger leaves 
and fruit, and partially fused sections of the capsule (fruit) separate 
it from other species of the genus (Stone et al. 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996a).
    Historically, Melicope reflexa occurred from a ridge between 
Hanalilolilo and Pepeopae to as far east as Halawa on East Molokai. The 
3 remaining occurrences of fewer than a total of 1,000 individuals are 
on State and private lands in Honomuni, the Wailau-Mapulehu summit 
area, and Kukuinui Ridge in Wailau Valley (GDSI 2000, HINHP Database 
2000).
    Melicope reflexa typically grows in wet Metrosideros polymorpha-
dominated forest with native trees, such as Cheirodendron sp. (olapa), 
at elevations between 319 and 1,508 m (1,046 and 4,946 ft). Associated 
native plant species include Antidesma platyphyllum, Alyxia oliviformis 
(maile), Cheirodendron trigynum, Cibotium spp., Dicranopteris linearis, 
Freycinetia arborea, or Syzygium sandwicensis (ohia ha) (Stone et al. 
1999; J. Lau, in litt. 2001).
    Major threats to Melicope reflexa include habitat degradation and 
predation by ungulates (axis deer and feral pigs); competition with the 
non-native plant Clidemia hirta (Koster's curse); and catastrophic 
extinction from environmental events due to this species' few 
occurrences and small number of individuals (Service 1996a, 57 FR 
46325).

Pritchardia munroi (loulu)

    Pritchardia munroi, a member of the palm family (Arecaceae), is a 
long-lived perennial tree about 4 to 5 m (13 to 16 ft) tall. The leaves 
are deeply divided into segments with long, drooping tips. This species 
is distinguished from others of the genus by its relatively smooth 
leaves; the grayish-brown hair on the inflorescence stalks, which are 
shorter than the petioles (leaf stalks); and the small size of the 
fruits (Read and Hodel 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996a).
    Historically and currently, Pritchardia munroi is found in leeward 
East Molokai, above Kamalo, near Kapuaokoolau Gulch. The only known 
wild individual is found on privately owned land (HINHP Database 2000, 
Read and Hodel 1999).
    The only known wild individual grows near the base of a small 
ravine in mesic Metrosideros polymorpha-Dodonaea viscosa-Leptechophylla 
tameiameiae shrubland at elevations between 189 and 1,205 m (619 and 
3,952 ft). Associated plant species include Bidens menziesii 
(kookoolau), Coprosma sp., Diospyros sandwicensis, Dubautia linearis 
(naenae), Pleomele auwahiensis (hala pepe), Pseudognaphalium 
sandwicensium (enaena), Sida fallax (ilima), or Wikstroemia sp. (Read 
and Hodel 1999; J. Lau, in litt. 2001).
    Threats to the only known wild individual of Pritchardia munroi 
include habitat degradation by ungulates (axis deer, goats, or pigs) 
around its fenced exclosure, which prevents the establishment of 
seedlings; predation of seeds by rats; and catastrophic extinction by 
random environmental events (e.g., fire) due to its extreme rarity 
(Service 1996a, 57 FR 46325).

Schiedea lydgatei (NCN)

    Schiedea lydgatei, a member of the pink family (Caryophyllaceae), 
is a low, hairless short-lived perennial with branched stems 10 to 40 
cm (4 to 16 in) long that are woody at the base. The opposite, thin, 
three-veined leaves with petioles and the smooth, open flower clusters 
with relatively larger, green sepals separate this species from other 
members of this endemic Hawaiian genus (Wagner et al. 1999).
    This species has been observed with flowers and fruit in June. 
Little is known about the life history of this species. Its flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (HINHP 
Database 2000, Service 1996a).
    Historically, Schiedea lydgatei was found in Kalae, Poholua, 
Makolelau, and Ohia Gulch on East Molokai. This species is now known 
from 4 occurrences in a more restricted area in Makakupaia, Kawela, and 
Makolelau. The 4 occurrences total more than 1,000 individuals on State 
and privately owned lands (GDSI 2000, HINHP Database 2000).
    This species is found along ridges in dry to mesic grassland, 
shrubland, and forest with scattered native trees. It ranges in 
elevation between 458 and 1,047 m (1,502 and 3,434 ft). Associated 
plant species include Dicranopteris linearis, Dodonaea viscosa, 
Leptecophylla tameiameiae, or Metrosideros polymorpha (Gagne and 
Cuddihy 1999, HINHP Database 2000, Wagner et al. 1999).
    The major threats to Schiedea lydgatei are habitat degradation by 
feral ungulates; competition with the non-native plant species Melinus 
minutiflora; and catastrophic extinction due to random environmental 
events, primarily fire, because in this species' dry, windswept habitat 
a single fire could potentially destroy a large part of the occurrence 
(Service 1996a, 57 FR 46325).

Schiedea sarmentosa (NCN)

    Schiedea sarmentosa, a short-lived perennial herb of the pink 
family (Caryophyllaceae), is a many-branched shrub. The opposite leaves 
are slender, threadlike, and covered with dense, glandular hairs. The 
flowers are female on some plants and bisexual on others. This species 
differs from others in this endemic Hawaiian genus by its densely bushy 
habit, leaf width, hairiness, and staminode (false stamen) length 
(Wagner et al. 1999).
    The population in Makolelau Gulch has a frequency of 31 percent 
female plants. Based on analyses of pollen-ovule ratios, pollen size, 
inflorescence structure, and comparison to other Schiedea species 
tested in a wind tunnel, Schiedea sarmentosa could be wind-pollinated. 
Little is known about the life history of this species. Its flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1998a).
    Schiedea sarmentosa has been found in Kawela Gulch, Makolelau, and 
Onini Gulch. Currently, only five occurrences are known to be extant on 
private lands. Estimates of the total number of individuals have ranged 
to over 1,000. An accurate count is difficult because this species 
grows interspersed with Schiedea lydgatei (GDSI 2000, HINHP Database 
2000, Service 1998a).
    Schiedea sarmentosa is typically found on steep or gentle to 
moderate slopes in Metrosideros polymorpha-Dodonaea viscosa lowland dry 
or mesic shrubland, or dry to mesic forest dominated by Metrosideros 
polymorpha and/or Diospyros sandwicensis, at elevations between 316 and 
1,072 m (1,036 and 3,516 ft). Associated species include Alyxia 
oliviformis, Bidens menziesii, Carex meyenii (NCN),

[[Page 12987]]

Chamaesyce sp., Chenopodium oahuense (aheahea), Leptecophylla 
tameiameiae, Lipochaeta rockii (nehe), Nestegis sandwicensis, 
Nothocestrum latifolium (aiea), Pleomele auwahiensis, Sida fallax, or 
Sophora chrysophylla (mamane) (HINHP Database 2000; J. Lau, in litt. 
2001).
    Major threats to Schiedea sarmentosa include habitat degradation by 
feral goats and pigs, competition by the non-native plants Melinis 
minutiflora and Ricinus communis (castor bean), and fire. The species 
is also threatened by a risk of extinction from naturally occurring 
events due to the low number of occurrences (Service 1998a, 61 FR 
53130).

Silene alexandri (NCN)

    Silene alexandri, a member of the pink family (Caryophyllaceae), is 
an erect, short-lived perennial herb, 30 to 60 cm (1 to 2 ft) tall, and 
woody at the base. The narrow, elliptic leaves are hairless except for 
a fringe along the margins. Flowers are arranged in open clusters on 
stalks. The hairless stems, flowering stalks, and sepals and the larger 
flowers with white petals separate this species from other members of 
the genus (Wagner et al. 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996a).
    Historically, Silene alexandri was known from Makolelau and Kamalo 
on East Molokai. Recently, the single known occurrence, comprised of 
fewer than 10 individuals, was reported to be extirpated in the wild. 
However, individuals remain in cultivation (GDSI 2000; HINHP Database 
2000; Steve Perlman, NTBG, pers. comm., 2001).
    The only known occurrence was found on moderate to steep slopes or 
cliffs in dry forest at an elevation between 316 and 1,073 m (1,036 and 
3,519 ft). Associated plant species include Bidens menziesii, Carex 
wahuensis (NCN), Diospyros sandwicensis, Dodonaea viscosa, 
Leptecophylla tameiameiae, or Schiedea spp. (J. Lau, in litt. 2001).
    Threats to Silene alexandri include habitat degradation by feral 
goats, possible predation by goats and cattle (Bos taurus), and 
catastrophic extinction through random environmental events, of which 
the most serious is fire (Service 1996a, 57 FR 46325).

Stenogyne bifida (NCN)

    Stenogyne bifida, a nonaromatic member of the mint family 
(Lamiaceae), is a climbing, short-lived perennial herb, with smooth or 
slightly hairy, four-angled stems. The long, narrow calyx teeth and the 
deep lobe in the upper lip of the yellow corolla separate this species 
from others of the genus (Weller and Sakai 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996a).
    Historically, Stenogyne bifida was known from scattered occurrences 
from Waianui in central Molokai to Pukoo Ridge on East Molokai. This 
species is now known from only 5 East Molokai occurrences totaling 
fewer than 10 individuals on Manawai-Kahananui Ridge on private lands; 
on Kolo Ridge, at Kamoku Flats; and on the east fork of Kawela Gulch on 
the privately owned land of TNCH's Pelekunu Preserve (GDSI 2000, HINHP 
Database 2000).
    Stenogyne bifida typically grows on gulch slopes in Metrosideros 
polymorpha-dominated montane mesic to wet forest with native species 
such as Broussaisia arguta, Cheirodendron trigynum, Cibotium sp., 
Cyanea sp., Dicranopteris linearis, Dodonaea viscosa, Hedyotis 
hillebrandii (manono), Hedyotis sp., Leptecophylla tameiameiae, 
Pipturus albidus, Pouteria sandwicensis, Psychotria sp., Vaccinium sp., 
or Wikstroemia sp. at elevations between 336 and 1,300 m (1,102 and 
4,264 ft) (HINHP Database 2000; Service 1996a; J. Lau, in litt. 2001).
    The most pervasive threat to this species is habitat degradation by 
ungulates (axis deer, goats, and pigs) (Service 1996a, 57 FR 46325).

Tetramolopium rockii (NCN)

    Tetramolopium rockii, a member of the aster family (Asteraceae), is 
a glandular, hairy, prostrate short-lived perennial shrub that forms 
complexly branching mats. The species has been divided into two 
varieties in the most recent treatment of this genus in Hawaii. Leaves 
of T. rockii var. calcisabulorum have slightly inrolled edges and are 
whitish due to the long silky hairs on their surfaces, whereas var. 
rockii has smaller, less hairy, flat, yellowish-green leaves. This 
species differs from others of the genus by its growth habit, its hairy 
and glandular surfaces, its spatulate leaf shape, and its yellow disk 
florets (Lowrey 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996a).
    Of the two recognized varieties of Tetramolopium rockii, var. 
rockii was first discovered at Moomomi about 80 years ago and is still 
extant in that area. Tetramolopium rockii var. rockii is found in four 
areas from Kalawao to Kahinaakalani, Keieho Point to Kapalauoa, and 
Moomomi to Kahinaakalani. Tetramolopium rockii var. calcisabulorum is 
only reported from Keieho Point to Kapalauoa, intergrading with var. 
rockii where their ranges overlap. The total number of individuals of 
both varieties in the 4 occurrences is estimated to be 174,000; they 
are located on State lands, including land managed by the National Park 
Service at Kalaupapa National Historical Park, and privately owned 
lands (GDSI 2000, HINHP Database 2000).
    Tetramolopium rockii is restricted to hardened calcareous sand 
dunes or ash-covered basalt in the coastal spray zone or coastal dry 
shrubland and grassland between sea level and 199 m (0 and 653 ft) in 
elevation. Native plant species associated with this species include 
Diospyros sandwicensis, Fimbristylis cymosa (mauu akiaki), Heliotropium 
anomalum (hinahina), Melanthera integrifolia, Metrosideros polymorpha, 
Osteomeles anthyllidifolia (ulei), Pouteria sandwicensis, Psydrax 
odorata, Scaevola sp. (naupaka), Sida fallax, or Sporobolus virginicus 
(akiaki) (HINHP Database 2000, Lowrey 1999, Service 1996a).
    The major threats to Tetramolopium rockii are habitat degradation 
by ungulate (axis deer and cattle) activity and human recreation, 
competition with the non-native plant Prosopis pallida (kiawe), and 
catastrophic extinction due to fire (57 FR 46325).

Multi-Island Species

Adenophorus periens (pendant kihi fern)

    Adenophorus periens, a short-lived perennial member of the 
grammitis family (Grammitidaceae), is a small, pendant, epiphytic (not 
rooted on the ground) fern. This species differs from other species in 
this endemic Hawaiian genus by having hairs along the pinna (leaflet) 
margins, by the pinnae being at right angles to the midrib axis, by the 
placement of the sori (a cluster of spore cases) on the pinnae, and the 
degree of dissection of each pinna (Linney 1989, Service 1999a).
    Little is known about the life history of Adenophorus periens, 
which seems to grow only in dense closed-canopy forest with high 
humidity. Its breeding system is unknown, but outbreeding is very 
likely to be the predominant mode of reproduction. Spores (minute, 
reproductive dispersal unit of ferns) are dispersed by wind, possibly 
by water, and perhaps on the feet of birds or

[[Page 12988]]

insects. Spores lack a thick resistant coat, which may indicate that 
their longevity is brief, probably measured in days at most. Due to the 
weak differences between seasons, there seems to be no evidence of 
seasonality in growth or reproduction. Additional information on 
reproductive cycles, longevity, specific environmental requirements, 
and limiting factors is not known (Linney 1989, Service 1999a).
    Historically, Adenophorus periens was known from Kauai, Oahu, 
Lanai, East Maui, and Hawaii Island. Currently, it is known from 
several locations on Kauai, Molokai, and Hawaii. On Molokai, it is 
found in a single occurrence containing seven individuals on private 
land (GDSI 2000, HINHP Database 2000).
    On Molokai, Adenophorus periens is an epiphyte usually growing on 
Metrosideros polymorpha trunks, and is found in Metrosideros 
polymorpha-Myrsine lessertiana forest at elevations between 811 and 
1,508 m (2,660 and 4,946 ft). It is found in habitats of well-
developed, closed canopy providing deep shade and high humidity. 
Associated native species include Anoectochilus sandvicensis (jewel 
orchid), Broussaisia arguta, Cheirodendron trigynum, Cibotium glaucum 
(hapuu), Coprosma ochracea, Cyanea sp., Cyrtandra sp. (haiwale), 
Dicranopteris linearis, Freycinetia arborea, Hedyotis terminalis, Ilex 
anomala, Labordia hirtella (NCN), Leptecophylla tameiameiae, Machaerina 
angustifolia (uki), Melicope sp., Psychotria spp., Stenogyne 
kamehamehae (NCN), Syzygium sandwicensis, Vaccinium calycinum (ohelo), 
or Viola chamissoniana ssp. robusta (pamakani) (HINHP Database 2000, 
Linney 1989, Service 1999a).
    The threats to this species on Molokai are habitat degradation by 
feral pigs and goats, and competition with the non-native plant Psidium 
cattleianum (strawberry guava) (HINHP Database 2000, Service 1999a, 59 
FR 56333).

Alectryon macrococcus (mahoe)

    Alectryon macrococcus, a long-lived perennial member of the 
soapberry family (Sapindaceae), consists of two varieties, macrococcus 
and auwahiensis, both of which are trees with reddish-brown branches 
and leaves with one to five pairs of sometimes asymmetrical egg-shaped 
leaflets. The underside of the leaf has dense brown hairs only when 
young in A. macrococcus var. macrococcus and whether young or mature 
(persistent) in A. macrococcus var. auwahiensis (only found on East 
Maui). The only member of its genus found in Hawaii, this species is 
distinguished from other Hawaiian members of its family by being a tree 
with a hard fruit 2.3 cm (0.9 in) or more in diameter (Wagner et al. 
1999).
    Alectryon macrococcus is a relatively slow-growing, long-lived tree 
that grows in xeric (dry) to mesic sites and is adapted to periodic 
drought. Little else is known about the life history of this species. 
Flowering cycles, pollination vectors, seed dispersal agents, and 
specific environmental requirements are unknown (Service 1997).
    Historically and currently, Alectryon macrococcus var. macrococcus 
is known from Kauai, Oahu, Maui, and Molokai. On Molokai, it is found 
on private land, along the Puu Kolekole jeep road, Kaunakakai Gulch, 
and Kamiloloa Gulch in a total of six occurrences containing nine 
individuals on State and privately owned lands (GDSI 2000, HINHP 
Database 2000).
    On Molokai, Alectryon macrococcus var. macrococcus typically grows 
on talus slopes or in gulches within dry or mesic lowland forest 
between elevations of 534 and 1,120 m (1,751 and 3,674 ft). Associated 
native plants include Dodonaea viscosa, Lipochaeta sp. (nehe), Myrsine 
sp. (kolea), Nestegis sandwicensis, Nothocestrum sp. (aiea), Pleomele 
sp. (halapepe), Psychotria sp., or Streblus pendulina (aiai) (HINHP 
Database 2000, Service 1997, Wagner et al. 1999).
    The threats to Alectryon macrococcus var. macrococcus on Molokai 
include habitat degradation by feral goats and pigs; competition from 
non-native plant species, such as Melinus minutiflora, Pennisetum 
clandestinum (kikuyu grass), Psidium cattleianum, or Schinus 
terebinthifolius; damage from the black twig borer (Xylosandrus 
compactus); seed predation by rats, mice (Mus domesticus), and insects 
(probably the endemic microlepidopteran (small caterpillar) Prays cf. 
fulvocanella); loss of pollinators; and catastrophic extinction through 
a single natural or human-caused environmental disturbance (e.g., fire) 
due to the very small remaining number of individuals and their limited 
distribution on Molokai (HINHP Database 2000, Service 1997, 57 FR 
20772).

Bonamia menziesii (NCN)

    Bonamia menziesii, a member of the morning glory family 
(Convolvulaceae) and a short-lived perennial, is a vine with twining 
branches that are fuzzy when young. This species is the only member of 
the genus that is endemic to the Hawaiian Islands and differs from 
other genera in the family by its two styles, longer stems and 
petioles, and rounder leaves (Austin 1999).
    Little is known about the life history of Bonamia menziesii. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999a).
    Historically, Bonamia menziesii was known from Kauai, the Waianae 
Mountains of Oahu, Molokai, Maui, and Hawaii Island. Currently, this 
species is extant on Kauai, Oahu, Lanai, Maui, and Hawaii. This species 
was last collected on Molokai in 1918 from Maunaloa by J. F. Rock 
(HINHP Database 2000).
    Nothing is known of the preferred habitat of or native plant 
species associated with Bonamia menziesii on Molokai.
    Nothing is known of the threats to Bonamia menziesii on Molokai.

Brighamia rockii (pua ala)

    Brighamia rockii, a long-lived perennial member of the bellflower 
family (Campanulaceae), is an unbranched plant with a succulent stem 
that is bulbous at the bottom and tapers toward the top, ending in a 
compact rosette of fleshy leaves. This species is a member of a unique 
endemic Hawaiian genus with only one other species, found on Kauai, 
from which it differs by the color of its petals, its longer calyx 
(sepal) lobes, and its shorter flower stalks (Lammers 1999).
    Observations of Brighamia rockii by Gemmill (1996) have provided 
the following information: The reproductive system is protandrous, 
meaning male flower parts are produced before female parts, in this 
case, separated by several days; only five percent of the flowers 
produce pollen; very few fruits are produced per inflorescence; there 
are 20 to 60 seeds per capsule; and plants have been known to flower at 
nine months of age. This species has been observed in flower during 
August. Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (HINHP Database 2000, Service 1996a).
    Historically, Brighamia rockii ranged along the northern coast of 
East Molokai from Kalaupapa to Halawa and may possibly have grown on 
Lanai and Maui. Currently, it is only extant on Molokai in a total of 5 
occurrences with between 121 and 131 individual plants occurring on 
State and privately owned lands. It occurs on steep, inaccessible sea 
cliffs along East Molokai's northern coastline from Anapuhi Beach to 
Wailau Valley on private lands, and on the relatively inaccessible 
State-owned sea stack of Huelo, east of Anapuhi Beach (GDSI

[[Page 12989]]

2000; HINHP Database 2000; Lammers 1999; K. Wood, in litt. 2000).
    On Molokai, Brighamia rockii is found in rock crevices on steep 
basalt sea cliffs, often within the spray zone, in coastal dry or mesic 
forest, Eragrostis variabilis (kawelu) mixed coastal cliff communities 
or shrubland, or Pritchardia sp. (loulu) coastal mesic forest between 
sea level and 671 m (0 and 2,201 ft) in elevation. Associated native 
species include Artemisia sp., Bidens sp. (kookoolau), Carex wahuensis 
ssp. wahuensis (NCN), Chamaesyce celastroides var. amplectans (akoko), 
Cocculus orbiculatus (huehue), Cyperus phleoides ssp. phleoides (NCN), 
Cyrtomium falcatum (ahina kuahiwi), Dianella sandwicensis (ukiuki), 
Diospyros sandwicensis, Hedyotis littoralis (NCN), Lepidium bidentatum 
var. o-waihiense (anaunau), Metrosideros polymorpha, Osteomeles 
anthyllidifolia, Pandanus tectorius (hala), Peucedanum sandwicensis 
(makou), Phymatosorus grossus (lauae), Pittosporum halophilum (hoawa), 
Pritchardia hillebrandii (loulu), Psydrax odorata, Reynoldsia 
sandwicensis (ohe), Scaevola sericea (naupaka kahakai), Schiedea 
globosa (NCN), Senna gaudichaudii (kolomona), Tetramolopium spp., or 
Wikstroemia uva-ursi (akia) (HINHP Database 2000; Lammers 1999; K. 
Wood, in litt. 2000).
    The threats to this species on Molokai are habitat degradation (and 
possibly predation) by axis deer and goats; competition with the non-
native plants Cyperus gracilis (McCoy grass), Digitaria ciliaris 
(Henry's crabgrass), Digitaria insularis (sourgrass), Ficus microcarpa 
(Chinese banyan), Kalanchoe pinnata, Lantana camara (lantana), Oxalis 
corniculata (yellow wood sorrel), Pluchea carolinensis (sourbush), 
Portulaca oleracea (pigweed), and Solanum seaforthianum (NCN); seed 
predation by rats; and lack of pollinators (HINHP Database 2000, 
Service 1996a, 57 FR 46325).

Centaurium sebaeoides (awiwi)

    Centaurium sebaeoides, a member of the gentian family 
(Gentianaceae), is an annual herb with fleshy leaves and stalkless 
flowers. This species is distinguished from Centaurium erythraea 
(bitter herb), which is naturalized in Hawaii, by its fleshy leaves and 
the unbranched arrangement of the flower cluster (Wagner et al. 1999).
    Centaurium sebaeoides has been observed flowering in April. 
Flowering may be induced by heavy rainfall. Occurrences are found in 
dry areas, and plants are more likely to be found following heavy 
rains. This species appears to be an annual; triggered by declining 
photo-period, the plant produces seeds and dies. Medeiros et al. (1999) 
noted that in the wild, seedlings first appeared in March and April; 
flowers first appeared in April and May; mature capsules were observed 
beginning in May and continuing through June; and by the first week of 
July, most plants were dead. Little is known about the life history of 
this species. Its pollination vectors, seed dispersal agents, specific 
environmental requirements, and limiting factors are unknown (Service 
1995a).
    Historically and currently, Centaurium sebaeoides is known from 
scattered localities on Kauai, Oahu, Molokai, Lanai, and Maui. 
Currently on Molokai, there are a total of two occurences containing 
thousands of individuals, near Mokio Point on privately owned land and 
in Kalaupapa National Historical Park on State-owned land managed by 
the National Park Service (GDSI 2000; HINHP Database 2000; Wagner et 
al. 1999; Chuck Chimera, U.S. Geological Survey, pers. comm., 2000).
    On Molokai, Centaurium sebaeoides grows in volcanic or clay soils 
or on cliffs in arid coastal areas at elevations between sea level and 
409 m (0 and 1,341 ft). Associated species include Artemisia sp., 
Bidens sp., Chamaesyce celastroides (akoko), Cyperus phleoides (NCN), 
Dodonaea viscosa, Fimbristylis cymosa, Heteropogon contortus (pili 
grass), Jacquemontia ovalifolia (pauohiiaka), Lipochaeta heterophylla 
(nehe), Lipochaeta succulenta (nehe), Lycium sandwicense (ohelo kai), 
Lysimachia mauritiana (kolokolo kuahiwi), Melanthera integrifolia, 
Panicum fauriei (NCN), Panicum torridum (kakonakona), Scaevola sericea, 
Schiedea globosa, Sida fallax, or Wikstroemia uva-ursi (Medeiros et al. 
1999, Wagner et al. 1999, 56 FR 55770).
    The major threats to this species on Molokai are displacement by 
non-native, woody species, such as Casuarina equisetifolia (paina), 
Casuarina glauca (saltmarsh), Leucaena leucocephala (koa haole), 
Prosopis pallida, Schinus terebinthifolius, Syzygium cumini (Java 
plum), and Tournefortia argentea (tree heliotrope); trampling and 
habitat degradation by feral goats and cattle; and damage caused by 
off-road vehicles (Medeiros et al. 1999).

Ctenitis squamigera (pauoa)

    Ctenitis squamigera is a short-lived perennial in the spleenwort 
family (Aspleniaceae). It has a rhizome (horizontal stem) 5 to 10 mm 
(0.2 to 0.4 in) thick, creeping above the ground and densely covered 
with scales similar to those on the lower part of the leaf stalk. 
Ctenitis squamigera can be readily distinguished from other Hawaiian 
species of Ctenitis by the dense covering of tan-colored scales on its 
fronds (Degener and Degener 1957, Wagner and Wagner 1992).
    Little is known about the life history of this species. 
Reproductive cycles, dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1998b).
    Historically, Ctenitis squamigera was recorded from the islands of 
Kauai, Oahu, Molokai, Lanai, Maui, and Hawaii Island. It is currently 
found on Oahu, Lanai, Molokai, and Maui. There is currently a single 
occurrence with 20 individuals on the island of Molokai in Wawaia Gulch 
on privately owned land (GDSI 2000; HINHP Database 2000; J. Lau, in 
litt. 2000).
    On Molokai, Ctenitis squamigera is found in mesic forest and gulch 
slopes between elevations of 757 and 1,133 m (2,483 and 3,716 ft). 
Associated native plant taxa include Carex meyenii, Diospyros 
sandwicensis, Dryopteris unidentata (NCN), Metrosideros polymorpha, 
Nephrolepis exaltata, Nestegis sandwicensis, Pleomele auwahiensis, 
Pouteria sandwicensis, or Xylosma hawaiiense (maua) (Service 1998b; 59 
FR 49025; J. Lau, in litt. 2000).
    The primary threats to Ctenitis squamigera are habitat degradation 
by goats and competition with the non-native plants Melinis minutiflora 
and Schinus terebinthifolius (Service 1998b; 59 FR 49025; J. Lau, in 
litt. 2000).

Cyanea grimesiana ssp. grimesiana (haha)

    Cyanea grimesiana ssp. grimesiana, a short-lived perennial member 
of the bellflower family (Campanulaceae), is a shrub with pinnately 
divided leaves. This species is distinguished from others in this 
endemic Hawaiian genus by the pinnately lobed leaf margins and the 
width of the leaf blades. This subspecies is distinguished from the 
other two subspecies by the shape and size of the calyx lobes, which 
overlap at the base (Lammers 1999).
    Little is known about the life history of this plant. On Molokai, 
flowering plants have been observed in July and August. Its flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1999a).
    Historically and currently, Cyanea grimesiana ssp. grimesiana is 
known from Oahu, Molokai, Lanai, and Maui. On Molokai, it is found in a 
total of two occurrences containing seven individuals in Wailau, Puu 
Kahea and Olokui NAR on State-owned lands

[[Page 12990]]

(GDSI 2000, HINHP Database 2000, Service 1999a).
    On Molokai, Cyanea grimesiana ssp. grimesiana is typically found in 
mesic forest often dominated by Metrosideros polymorpha or M. 
polymorpha and Acacia koa (koa), or on cliffs, at elevations between 93 
and 1,354 m (305 and 4,441 ft). Associated plants include Antidesma sp. 
(hame), Bobea sp. (ahakea), Cibotium sp., Cyrtandra sp., Dicranopteris 
linearis, Doodia sp. (okupukupu lauii), Freycinetia arborea, 
Nephrolepis sp. (kupukupu), Psychotria sp., Syzygium sandwicensis, or 
Xylosma sp. (maua) (HINHP Database 2000).
    The threats to this species on Molokai are habitat degradation and/
or destruction caused by axis deer, feral goats, and pigs; competition 
with various non-native plants, such as Clidemia hirta; catastrophic 
extinction by randomly naturally occurring events (e.g., fire, 
landslides) due to the small number of existing individuals; trampling 
by hikers; seed predation by rats; and predation by various species of 
slugs (Milax spp.) (HINHP Database 2000, Service 1999a, 61 FR 53108).

Cyperus trachysanthos (puukaa)

    Cyperus trachysanthos, a member of the sedge family (Cyperaceae), 
is a short-lived perennial grass-like plant with a short rhizome 
(underground stem). The culms (aerial stems) are densely tufted, 
obtusely triangular in cross section, tall, sticky, and leafy at the 
base. This species is distinguished from others in the genus by the 
short rhizome, the leaf sheath with partitions at the nodes, the shape 
of the glumes (floral bracts), and the length of the culms (Koyama 
1999).
    Little is known about the life history of Cyperus trachysanthos. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999a).
    Historically, Cyperus trachysanthos was known from Niihau, Kauai, 
and scattered locations on Oahu, Molokai, and Lanai. This species is 
now extant on Niihau, Kauai, and Oahu. This species was last collected 
on Molokai in 1912 from Maunaloa by J. F. Rock (HINHP Database 2000).
    Nothing is known of the preferred habitat or native species 
associated with Cyperus trachysanthos on Molokai.
    Nothing is known of the threats to Cyperus trachysanthos on 
Molokai.

Diellia erecta (asplenium-leaved diellia)

    Diellia erecta, a short-lived perennial fern in the spleenwort 
family (Aspleniaceae), grows in tufts of three to nine lance-shaped 
fronds emerging from a rhizome covered with brown to dark gray scales. 
This species differs from other members of the genus in having larger 
brown or dark gray scales, fused or separate sori along both margins of 
the pinna, shiny black midribs that have a hardened surface, and veins 
that do not usually encircle the sori (Degener and Greenwell 1950, 
Wagner 1952).
    Little is known about the life history of this species. Its 
reproductive cycles, dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1999a).
    Historically, Diellia erecta was known from Kauai, Oahu, Molokai, 
Lanai, Maui, and Hawaii Island. Currently, it is known from Kauai, 
Oahu, Molokai, Maui, and Hawaii. On Molokai, it is known from a total 
of 4 occurrences containing at least 10 individuals in Halawa Valley, 
Kahuaawi Gulch, Makolelau, and Onini Gulch on privately owned lands 
(HINHP Database 2000; Service 1999a; K. Wood, in litt. 1999).
    On Molokai, Diellia erecta is found in mixed mesic forest and mesic 
Diospyros sandwicensis forest between elevations of 716 and 1,133 m 
(2,348 and 3,716 ft). Associated native plant species include Alyxia 
oliviformis, Bobea sp., Coprosma foliosa (pilo), Dodonaea viscosa, 
Dryopteris unidentata, Dubautia linearis ssp. opposita (naenae), 
Leptecophylla tameiameiae, Metrosideros polymorpha, Myrsine sp., 
Ochrosia compta (holei), Pleomele auwahiensis, Psychotria sp., Sophora 
chrysophylla, Syzygium sandwicensis, or Wikstroemia sp. (HINHP Database 
2000; K. Wood, in litt. 1999).
    The major threats to Diellia erecta on Molokai are habitat 
degradation by pigs, goats, and axis deer; competition with the non-
native plant species Blechnum occidentale (NCN), Fraxinus uhdei 
(tropical ash), Melinus minutiflora, Psidium cattleianum, and Ricinus 
communis; catastrophic extinction due to random naturally occurring 
events; and reduced reproductive vigor due to the small number of 
existing individuals (HINHP Database 2000; K. Wood, in litt. 1999; 
Service 1999a; 59 FR 56333).

Diplazium molokaiense (NCN)

    Diplazium molokaiense, a short-lived fern in the spleenwort family 
(Aspleniaceae), has a short prostrate rhizome, and green or straw 
colored leaf stalks with thin-textured fronds. This species can be 
distinguished from other species of Diplazium on the Hawaiian Islands 
by a combination of characters, including venation pattern, the length 
and arrangement of the sori, frond shape, and the degree of dissection 
of the frond (Wagner and Wagner 1992).
    Little is known about the life history of Diplazium molokaiense. 
Reproductive cycles, dispersal agents, longevity, specific 
environmental requirements, and limiting factors for Diplazium 
molokaiense are unknown (Service 1998a).
    Historically, Diplazium molokaiense was found on Kauai, Oahu, 
Molokai, Lanai, and Maui. Currently, this species is known only from 
Maui. This species was last collected on Molokai in 1912 from Kaluaaha 
Valley by C. N. Forbes (HINHP Database 2000).
    On Molokai, Diplazium molokaiense was found on steep, rocky, wooded 
gulch walls in wet forests between elevations of 97 and 1,349 m (318 
and 4,425 ft) (HINHP Database 2000).
    There is no information on threats that may affect Diplazium 
molokaiense on Molokai (Service 1998a).

Eugenia koolauensis (nioi)

    Eugenia koolauensis, a member of the myrtle family (Myrtaceae), is 
a long-lived perennial tree or shrub between 2 and 7 m (7 and 23 ft) 
tall with branch tips covered with dense brown hairs. Eugenia 
koolauensis differs from the other species in the genus in having 
leaves that are densely hairy on the lower surface and leaf margins 
that curve under the leaves (Wagner et al. 1999).
    This species has been observed in flower from February to December 
in various years. No other information exists on its flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, or limiting factors (Service 1998b).
    Historically, Eugenia koolauensis was known from Maunaloa on 
western Molokai and from Oahu. Currently, this species is extant on 
Oahu. It was last collected on Molokai in 1912 from the west end of the 
island by J. F. Rock (HINHP Database 2000).
    On Molokai, Eugenia koolauensis was found in rocky gulches or on 
gentle slopes with deep soil between 475 and 992 m (1,558 and 3,254 ft) 
in elevation. Associated native plant species include Diospyros 
sandwicensis, Erythrina sandwicensis (wiliwili), Nesoluma polynesicum, 
Nestegis sandwicensis, Nototrichium sandwicensis, Reynoldsia 
sandwicensis, or Xylosma hawaiiense (J. Lau, in litt. 2001).
    Information on threats that may affect Eugenia koolauensis on 
Molokai is unknown.

[[Page 12991]]

Flueggea neowawraea (mehamehame)

    Flueggea neowawraea, a member of the spurge family (Euphorbiaceae), 
is a large tree up to 30 m (100 ft) tall and 2 m (7 ft) in diameter 
with white oblong pores covering its scaly, pale brown bark. This 
species is usually dioecious (having separate male and female plants) 
and is the only member of the genus found in Hawaii. It can be 
distinguished from other Hawaiian species in the family by its hairless 
whitish lower leaf surfaces and round fruits (Hayden 1999, Service 
1999).
    Individual trees of Flueggea neowawraea bear only male or female 
flowers and must be cross-pollinated from a different tree to produce 
viable seed. Little else is known about the life history of this 
species. Its flowering cycles, pollination vectors, seed dispersal 
agents, longevity, specific environmental requirements, and limiting 
factors are unknown (Hayden 1999, Service 1999a).
    Historically, Flueggea neowawraea was known from Molokai, Oahu, 
Kauai, Maui, and Hawaii Island. Currently, this species is found on 
Kauai, Oahu, Maui, and Hawaii. This species was last collected on 
Molokai in 1931 from Waihii by G. W. Russ (HINHP Database 2000).
    On Molokai, Flueggea neowawraea occurred in gulches in mesic forest 
between 450 and 840 m (1,476 and 2,755 ft) in elevation (J. Lau, in 
litt. 2001).
    Information on threats that may affect Flueggea neowawraea on 
Molokai is unknown.

Hedyotis mannii (pilo)

    Hedyotis mannii, a member of the coffee family (Rubiaceae), is a 
short-lived perennial with smooth, usually erect stems 30 to 60 cm (1 
to 2 ft) long, which are woody at the base and four-angled or -winged. 
This species' growth habit; its quadrangular or winged stems; the 
shape, size, and texture of its leaves; and its dry capsule, which 
opens when mature, separate it from other species of the genus (Wagner 
et al. 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996a).
    Historically and currently, Hedyotis mannii is found on Lanai, West 
Maui, and Molokai. After an absence of 50 years, this species was 
rediscovered on Molokai in 1987 by Steve Perlman on private land in 
Kawela Gulch in TNCH's Kamakou Preserve. Only one occurrence of five 
plants is known to exist in this area (GDSI 2000, HINHP Database 2000).
    On Molokai, Hedyotis mannii grows on dark, narrow, rocky gulch 
walls in mesic and perhaps wet forests at 593 to 1,212 m (1,945 to 
3,975 ft) in elevation. Associated plant species include Cibotium sp., 
Cyanea sp., Pipturus sp., Psychotria sp., or Scaevola sp. (HINHP 
Database 2000, Service 1996a, Wagner et al. 1999).
    The threats to Hedyotis mannii on Molokai are habitat degradation 
by feral pigs; competition with the non-native plant Melinis 
minutiflora; and catastrophic extinction through random environmental 
events to which the limited number of individuals are extremely 
vulnerable (HINHP Database 2000, Service 1996a, 57 FR 46325).

Hesperomannia arborescens (NCN)

    Hesperomannia arborescens, a long-lived perennial member of the 
aster family (Asteraceae), is a small shrubby tree that usually stands 
1.5 to 5 m (5 to 16 ft) tall. This member of an endemic Hawaiian genus 
differs from other Hesperomannia species in having the following 
combination of characters: Erect to ascending flower heads, thick 
flower head stalks, and usually hairless and relatively narrow leaves 
(Wagner et al. 1999).
    This species has been observed in flower from April through June 
and in fruit during March and June. No other information is available 
on flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
(Service 1998c).
    Hesperomannia arborescens was formerly known from Lanai, Molokai, 
and Oahu. This species is now known from Oahu, Molokai, and Maui. On 
Molokai, one occurrence of three individuals is known from private land 
(GDSI 2000, HINHP Database 2000).
    On Molokai, Hesperomannia arborescens is found on slopes or ridges 
in wet Metrosideros polymorpha-Dicranopteris linearis lowland forest or 
mesic Diospyros sandwicensis-M. polymorpha lowland forest transition 
zones between 175 and 959 m (574 and 3,146 ft) in elevation. Associated 
native species include Antidesma sp., Boehmeria grandis, Broussaisia 
arguta, Cheirodendron sp., Cibotium glaucum, Clermontia pallida (oha 
wai), Coprosma sp., Cyrtandra sp., Diplopterygium pinnatum (uluhe lau 
nui), Elaphoglossum sp. (ekaha), Freycinetia arborea, Hedyotis sp., 
Ilex anomala, Myrsine sp., Nephrolepis exaltata, Nestegis sandwicensis, 
Pipturus sp., Psychotria mauiensis (kopiko), Smilax melastomifolia (hoi 
kuahiwi), Thelypteris sp. (palapalaia), Urera glabra, or Wikstroemia 
sp. (HINHP Database 2000).
    The major threats to Hesperomannia arborescens on Molokai are 
habitat degradation by feral pigs, goats, and humans; competition with 
non-native plants, such as Clidemia hirta, Kalanchoe pinnata, and Rubus 
rosifolius; and catastrophic extinction due to random environmental 
events or reduced reproductive vigor resulting from this species' 
limited numbers (HINHP Database 2000, 59 FR 14482).

Hibiscus brackenridgei (mao hau hele)

    Hibiscus brackenridgei, a short-lived perennial member of the 
mallow family (Malvaceae), is a sprawling to erect shrub or small tree. 
This species differs from other members of the genus in having the 
following combination of characteristics: Yellow petals, a calyx 
consisting of triangular lobes with raised veins and a single midrib, 
bracts attached below the calyx, and thin stipules (leaf bracts) that 
fall off, leaving an elliptical scar. Three subspecies of Hibiscus 
brackenridgei are now recognized: ssp. brackenridgei, molokaiana, and 
mokuleianus. Subspecies molokaiana was found on the island of Molokai. 
At the time when we listed this species in 1994, only two subspecies, 
brackenridgei and mokuleianus, were recognized. Subsequent to the final 
rule listing this species in 1994, we became aware of Wilson's (1993) 
taxonomic treatment of this group, in which Hibiscus brackenridgei var. 
molokaiana was changed to subspecies status and recognized as distinct 
from Hibiscus brackenridgei ssp. brackenridgei. Wilson's (1993) 
treatment is cited in the supplement in the revised edition of the 
``Manual of the Flowering Plants of Hawaii'' as the basis for 
recognizing Hibiscus brackenridgei ssp. molokaiana. We will address 
this name change in a future Federal Register document (Bates 1999, 
HINHP Database 2000, Wagner et al. 1999, Wilson 1993).
    Hibiscus brackenridgei is known to flower continuously from early 
February through late May, and intermittently at other times of year. 
Intermittent flowering may possibly be tied to day length. Little else 
is known about the life history of this plant. Pollination vectors, 
seed dispersal agents, longevity, specific environmental requirements, 
and limiting factors are unknown (Service 1999a).
    Historically, Hibiscus brackenridgei ssp. molokaiana was known from 
Molokai and is currently found on Oahu. This subspecies was last 
collected on Molokai in 1920 from Laau

[[Page 12992]]

Point by J. F. Rock (HINHP Database 2000).
    On Molokai, Hibiscus brackenridgei ssp. molokaiana occurred on 
slopes in lowland dry forest and shrubland from 11 to 467 m (36 to 
1,531 ft) in elevation (HINHP Database 2000; J. Lau, in litt. 2001).
    Information on threats that may affect Hibiscus brackenridgei ssp. 
molokaiana on Molokai is unknown (Service 1999a).

Ischaemum byrone (Hilo ischaemum)

    Ischaemum byrone, a member of the grass family (Poaceae), is a 
short-lived perennial species with creeping underground and erect 
stems. Ischaemum byrone can be distinguished from other Hawaiian 
grasses by its tough outer flower bracts, dissimilar basic flower 
units, which are awned and two-flowered, and a two-or three-tiered 
inflorescence (O'Connor 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996b).
    Ischaemum byrone was historically distributed on Kauai, Oahu, 
Molokai, Maui, and Hawaii Island. Currently, this species is found on 
Kauai, Molokai, Maui, and Hawaii Island. On Molokai, there are a total 
of 2 occurrences containing between 100 and 1,000 individuals located 
in Wailau Valley and the eastern edge of Kikipua on privately owned 
lands (GDSI 2000, HINHP Database 2000, 59 FR 10305).
    On Molokai, Ischaemum byrone is found in coastal dry shrubland or 
Artemisia sp. cliff communities, near the ocean, among rocks or on 
basalt cliffs or talus slopes, at elevations between sea level and 238 
m (0 and 781 ft). Associated taxa include Bidens molokaiensis (NCN), 
Fimbristylis cymosa, Hedyotis littoralis, Lysimachia mauritiana, or 
Pandanus tectorius (hala) (Gagne and Cuddihy 1999, HINHP Database 2000, 
O'Connor 1999).
    The threats to Ischaemum byrone on Molokai are competition by non-
native grasses, particularly Digitaria ciliaris; predation by goats and 
axis deer; and elimination and degradation of habitat through fire and 
residential development (Service 1996b).

Isodendrion pyrifolium (wahine noho kula)

    Isodendrion pyrifolium, a short-lived perennial member of the 
violet family (Violaceae), is a small, branched shrub. It is 
distinguished from other taxa in the genus by its smaller, green-yellow 
flowers and hairy stipules and leaf veins (Wagner et al. 1999).
    During periods of drought, this species drops all but the newest 
leaves. After sufficient rain, the plants produce flowers with seeds 
ripening one to two months later. No further information is available 
on flowering cycles, pollination vectors, seed dispersal agents, 
specific environmental requirements, or limiting factors (Service 
1996c).
    Isodendrion pyrifolium was known historically from Kauai, Oahu, 
Maui, Hawaii, Niihau, Molokai, and Lanai. Currently, this species is 
only extant on the island of Hawaii. It was last collected on Molokai 
in the 1800s (HINHP Database 2000).
    On Molokai, Isodendrion pyrifolium was found in dry shrublands at 
low elevations between 69 and 422 m (226 and 1,384 ft). Associated 
native plant species included Bidens menziesii, Dodonaea viscosa, 
Heteropogon contortus, or Leptecophylla tameiameiae (HINHP Database 
2000; Wagner et al. 1999; J. Lau, in litt. 2001).
    Information on threats that may have affected Isodendrion 
pyrifolium on Molokai is unknown (Service 1996a).

Mariscus fauriei (NCN)

    Mariscus fauriei, a member of the sedge family (Cyperaceae), is a 
short-lived perennial plant with somewhat enlarged underground stems 
and three-angled, single or grouped aerial stems 10 to 50 cm (4 to 20 
in) tall. This species differs from others in the genus in Hawaii by 
its smaller size and its narrower, flattened, and more spreading 
spikelets (flower clusters) (Koyama 1999, 59 FR 56333).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996b).
    Historically, Mariscus fauriei was found on east Molokai, Lanai, 
and Hawaii Island. This species is no longer extant on Lanai. Currently 
on Molokai, there is one occurrence with 20 to 30 plants above 
Kamiloloa on State-owned land (GDSI 2000; HINHP Database 2000).
    On Molokai, Mariscus fauriei typically grows in Diospyros 
sandwicensis-dominated lowland dry forests, often on a lava substrate, 
at elevations between 436 and 1,120 m (1,430 and 3,673 ft). Associated 
species include Peperomia sp. (ala ala wai nui), Psydrax odorata, or 
Rauvolfia sandwicensis (hao) (HINHP Database 2000, Koyama 1999).
    The threats to Mariscus fauriei on Molokai include predation and 
habitat degradation by feral goats and axis deer. Because there is only 
one known occurrence on Molokai, the species is also threatened by the 
risk of extinction through random environmental events and through 
reduced reproductive vigor (Service 1996b, 59 FR 56333).

Marsilea villosa (ihiihi)

    Marsilea villosa, a member of the marsilea family (Marsileaceae), 
is a short-lived perennial aquatic to semi-aquatic fern, similar in 
appearance to a four-leaved clover. The leaves are borne in pairs along 
a thin rhizome. A hard sporocarp (hard-walled case containing male and 
female spores) is borne at the base of a leaf pair. The plant occurs 
either in scattered clumps or as a dense interwoven mat, depending on 
the competition with other species for limited habitat resources. The 
species is the only member of the genus native to Hawaii and is closely 
related to Marsilea vestita (NCN) of the western coast of the United 
States (Service 1996c).
    Marsilea villosa requires periodic flooding for spore release and 
fertilization, then a decrease in water level for the young plants to 
establish, and finally dry soil for sporocarps to mature. Shading 
reduces the vigor of Marsilea villosa. No other life history 
information is known for this species (Service 1996c).
    Marsilea villosa was known historically from Oahu, Molokai, and 
Niihau. Currently, it is found only on Oahu and Molokai. On Molokai, 
there are four occurrences with an unspecified number of individuals 
located at Kamaka ipo, Ilio Point, Kaiehu Point, and from Kaeo to Mokio 
on State- and privately owned lands (GDSI 2000, HINHP Database 2000).
    On Molokai, Marsilea villosa typically occurs in shallow 
depressions in clay soil or lithified sand dunes overlain with alluvial 
clay. All reported populations occur at elevations between 125 and 172 
m (410 and 564 ft). While Marsilea villosa can withstand minimal 
shading, it appears most vigorous growing in open areas. The associated 
native vegetation with Marsilea villosa on Molokai includes Centaurium 
sebaeoides, Heteropogon contortus, Schiedea globosa, Sida fallax, 
Tetramolopium sylvae (pamakani), or Waltheria indica (uhaloa) (Service 
1996c).
    The threats to Marsilea villosa on Molokai are the destruction of 
natural hydrology; encroachment and competition from naturalized, non-
native plants such as Cenchrus ciliaris (buffelgrass), Chamaecrista 
nictitans

[[Page 12993]]

(partridge pea), Digitaria insularis, Lantana camara, and Prosopis 
pallida; damage by off-road vehicles or by grazing cattle and axis 
deer; habitat destruction, degradation, and fragmentation through 
development, fire, and trampling by humans and introduced mammals; and 
catastrophic extinction from random environmental events and from 
reduced reproductive vigor due to few occurrences and small occurrence 
sizes (Service 1996c, 57 FR 27863).

Melicope mucronulata (alani)

    Melicope mucronulata, a long-lived perennial of the rue family 
(Rutaceae), is a small tree up to 13 ft (4 m) tall with oval to 
elliptic-oval leaves. This species is distinguished from others in the 
genus by the growth habit, the number of flowers in each flower 
cluster, the size and shape of the fruit, and the degree of hairiness 
of the leaves and fruit walls (Stone et al. 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1997).
    First discovered in 1920 in Kanaio, East Maui, Melicope mucronulata 
was not relocated until 1983. On Molokai, two occurrences of three 
individuals were found two years later in Kupaia on the privately owned 
Kamakou Preserve (GDSI 2000, HINHP Database 2000, Stone et al. 1999).
    On Molokai, Melicope mucronulata occurs on steep, west- or north-
facing slopes in mesic Diospyros sandwicensis-Metrosideros polymorpha 
forest, M. polymorpha-Dodonaea viscosa shrubland, or M. polymorpha-
Leptechophylla tameiameiae shrubland between elevations of 199 and 
1,143 m (653 and 3,749 ft). Associated native species include Alyxia 
oliviformis, Alphitonia ponderosa (kauila), Coprosma foliosa, Hedyotis 
terminalis, Melicope hawaiensis (alani), Myrsine lanaiensis (kolea), 
Nestegis sandwicensis, Ochrosia compta, Osteomeles anthyllidifolia, 
Phyllanthus sp. (NCN), Pleomele auwahiensis, Pittosporum sp., or 
Psychotria mariniana (kopiko) (HINHP Database 2000; J. Lau, in litt. 
2001).
    On Molokai, the major threat to the continued existence of this 
species is catastrophic extinction from random environmental events due 
to the few extant occurrences and small number of individuals. Habitat 
degradation by goats and pigs, predation by goats, and competition with 
non-native plants, particularly Melinis minutiflora, also pose 
immediate threats to this species (Service 1997, 57 FR 20772).

Melicope munroi (alani)

    Melicope munroi, a long lived perennial of the rue family 
(Rutaceae), is a sprawling shrub up to 3 m (10 ft) tall. The new growth 
of this species has minute hairs. This species differs from other 
Hawaiian members of the genus in the shape of the leaf and the length 
of the inflorescence (flower cluster) stalk (Stone et al. 1999).
    Little is known about the life history of Melicope munroi. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 2001).
    Historically, this species was known from the Lanaihale summit 
ridge of Lanai and above Kamalo on Molokai. Currently, Melicope munroi 
is only known from Lanai. This species was last collected on Molokai in 
1910 by J. F. Rock (HINHP Database 2000).
    Nothing is known of the preferred habitat of or native plants 
associated with Melicope munroi on Molokai.
    Nothing is known of the threats to Melicope munroi on Molokai.

Neraudia sericea (NCN)

    Neraudia sericea, a short-lived perennial and a member of the 
nettle family (Urticaceae), is a 3 to 5 m (10 to 16 ft) tall shrub with 
densely hairy branches. The lower leaf surface is densely covered with 
irregularly curved, silky gray to white hairs along the veins. Neraudia 
sericea differs from the other four species of this endemic Hawaiian 
genus by the density, length, color, and posture of the hairs on the 
lower leaf surface and by its mostly entire leaf margins (Wagner et al. 
1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999a).
    Neraudia sericea was known historically from Molokai, Lanai, Maui, 
and Kahoolawe. Currently, this species is found only on Maui and 
Molokai. On Molokai, one occurrence of 50 to 100 individuals is known 
from Makolelau on privately owned land (GDSI 2000, HINHP Database 
2000).
    On Molokai, Neraudia sericea generally occurs on gulch slopes and 
gulch bottoms in lowland dry to mesic Metrosideros polymorpha-Dodonaea 
viscosa-Leptechophylla tameiameiae shrubland or forest between 691 and 
1,043 m (2,266 and 3,421 ft) in elevation. Other associated plant 
species include Alyxia oliviformis, Coprosma sp., Hedyotis sp., or 
Pleomele auwahiensis (HINHP Database 2000; Wagner et al. 1999; J. Lau, 
in litt. 2001).
    The primary threats to Neraudia sericea on Molokai are habitat 
degradation by feral pigs and goats; competition with the non-native 
plant Melinus minutiflora; and catastrophic extinction through random 
environmental events due to the vulnerability of a single population 
(Service 1999a, 59 FR 56333).

Peucedanum sandwicense (makou)

    Peucedanum sandwicense, a short-lived perennial member of the 
parsley family (Apiaceae), is a parsley-scented, sprawling herb. Hollow 
stems arise from a short, vertical stem with several fleshy roots. This 
species is the only member of the genus in the Hawaiian Islands 
(Constance and Affolter 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1995b).
    Historically and currently, Peucedanum sandwicense is known from 
Molokai, Maui, and Kauai. In 1990, it was discovered on Oahu. On 
Molokai, five occurrences are known from private and State-owned lands 
in Pelekunu Valley, on Huelo Islet and Mokapu Islet, and State-owned 
lands managed by the National Park Service at Kalaupapa National 
Historical Park. The 5 occurrences total approximately 50 individuals 
(GDSI 2000; HINHP Database 2000; Service 1995b; K. Wood, in litt. 
2000).
    On Molokai, Peucedanum sandwicense grows in cliff habitats in brown 
soil and talus in Chamaesyce celastroides var. amplectans-Chenopodium 
oahuense coastal dry shrubland or Diospyros sandwicensis forest from 
sea level to above 840 m (0 to 2,755 ft) in elevation. Peucedanum 
sandwicense is associated with native species such as Artemisia 
australis (ahinahina), Dianella sandwicensis, Eragrostis sp. (kawelu), 
Lepidium bidentatum var. o-waihiense, Melathera integrifolia, 
Metrosideros polymorpha, Osteomeles anthyllidifolia, Peperomia remyi 
(NCN), Pittosporum halophilum, Plectranthus parviflorus (ala ala wai 
nui), Plumbago zeylanica (iliee), Portulaca lutea (ihi), Pritchardia 
hillebrandii, Reynoldsia sandwicensis, Santalum ellipticum 
(iliahialoe), Scaevola sericea, Schiedea globosa, Senna gaudichaudii, 
or Sida fallax (Constance and Affolter 1999; HINHP

[[Page 12994]]

Database 2000; Service 1995b; K. Wood, in litt. 2000).
    Major threats to Peucedanum sandwicense on Molokai are seed 
predation by rats and competition with the non-native plant species 
Ageratum conyzoides (maile hohono), Coronopus didymus (swinecress), 
Kalanchoe pinnata, Lantana camara, Malvastrum coromandelianum ssp. 
coromandelianum (false mallow), Morinda citrifolia (noni), Plantago 
lanceolata (English plantain), Pluchea carolinensis (sourbush), 
Portulaca oleracea, Pseudoelephantopus spicatus (NCN), Schinus 
terebinthifolius, and Sonchus oleraceus (pualele) (Service 1995b; 59 FR 
9304; K. Wood, in litt. 2000).

Phyllostegia mannii (NCN)

    Phyllostegia mannii, a short-lived perennial and nonaromatic member 
of the mint family (Lamiaceae), is a climbing vine with many-branched, 
four-sided, hairy stems. This species is distinguished from others in 
the genus by its hairiness; its thin, narrow leaves, which are not 
pinnately divided; and the usually six flowers per false whorl in a 
terminal inflorescence (Wagner et al. 1999).
    This species has been observed in fruit in July. Little is known 
about the life history of this species. Its flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1996a).
    Historically, Phyllostegia mannii was found from Hanalilolilo to 
Ohialele on East Molokai and at Ukulele on East Maui. It has not been 
seen on Maui for over 70 years and is apparently extirpated on that 
island. On Molokai, this species is now known from only one occurrence 
on Puu Alii on privately owned land (GDSI 2000, HINHP Database 2000, 
Service 1996a).
    On Molokai, Phyllostegia mannii grows in shaded sites in sometimes 
foggy and windswept, wet, open Metrosideros polymorpha-dominated 
montane forest with a native shrub and Cibotium sp. understory between 
590 and 1,508 m (1,935 and 4,946 ft) in elevation. Associated plant 
species include Asplenium sp., Broussaisia arguta, Cheirodendron 
trigynum, Coprosma ochracea, Cyanea sp., Dicranopteris linearis, 
Hedyotis hillebrandii, Pipturus albidus, Pouteria sandwicensis, 
Psychotria sp., Touchardia latifolia, Vaccinium sp., or Wikstroemia sp. 
(HINHP Database 2000, Service 1996a).
    The only known occurrence of Phyllostegia mannii is threatened by 
habitat destruction and degradation by feral pigs. A single natural or 
human-caused environmental event could extirpate the species (Service 
1996a, 57 FR 46325).

Phyllostegia mollis (NCN)

    Phyllostegia mollis, a short-lived member of the mint family 
(Lamiaceae), grows as a nearly erect, densely hairy, non-aromatic, 
perennial herb. A suite of technical characteristics concerning the 
kind and amount of hair, the number of flowers in a cluster, and 
details of the various plant parts separate this species from other 
members of the genus (Wagner et al. 1999).
    Individual Phyllostegia mollis plants live for approximately five 
years. The species is known to flower in late winter and spring. Little 
is known about the life history of this species. Its flowering cycles, 
pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1998b).
    Historically, Phyllostegia mollis was known from Oahu, Molokai, and 
East Maui. Currently, this species is found only on Oahu and Maui. It 
was last collected on Molokai in 1912 from Kamakou Preserve by J. F. 
Rock (HINHP Database 2000).
    On Molokai, Phyllostegia mollis typically grew in mesic 
Metrosideros polymorpha forests between 551 and 1,216 m (1,807 and 
3,988 ft) in elevation (J. Lau, in litt. 2001).
    Nothing is known of the threats that may have affected Phyllostegia 
mollis on Molokai.

Plantago princeps (laukahi kuahiwi)

    Plantago princeps, a short-lived member of the plantain family 
(Plantaginaceae), is a small shrub or robust perennial herb. This 
species differs from other native members of the genus in Hawaii by its 
large branched stems, flowers at nearly right angles to the axis of the 
flower cluster, and fruits that break open at a point two-thirds from 
the base. The four varieties, vars. anomala, laxiflora, longibracteata, 
and princeps, are distinguished by the branching and pubescence of the 
stems; the size, pubescence, and venation of the leaves; the density of 
the inflorescence; and the orientation of the flowers (Wagner et al. 
1999).
    Little is known about the life history of this plant. Its flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown. However, 
individuals have been observed in fruit from April through September 
(Service 1999a).
    Plantago princeps was historically known from Kauai, Oahu, Molokai, 
Maui, and Hawaii Island. It no longer occurs on Hawaii Island. Plantago 
princeps var. anomala is currently known from Kauai and Oahu; var. 
longibracteata is known from Kauai and Oahu; var. princeps is known 
from Oahu; and var. laxiflora is known from Molokai and Maui. On 
Molokai, there is currently one remaining occurrence of Plantago 
princeps var. laxiflora with five individuals in Kawela Gulch on 
privately owned land (GDSI 2000, HINHP Database 2000, Service 1999a).
    On Molokai, Plantago princeps var. laxiflora is typically found on 
streambanks in Metrosideros polymorpha lowland mesic forest between 592 
and 1,213 m (1,942 and 3,979 ft) in elevation. Associated plant species 
include Coprosma sp., Cyanea sp., Dodonaea viscosa, Dryopteris 
unidentata, Pipturus albidus, or Wikstroemia oahuensis (akia), (Wagner 
et al. 1999; J. Lau, in litt. 2001).
    The primary threats to Plantago princeps var. laxiflora on Molokai 
are predation and habitat degradation by feral pigs and goats, and 
competition with various non-native plant species (Service 1999a, 59 FR 
56333).

Platanthera holochila (NCN)

    Platanthera holochila, a short-lived perennial member of the orchid 
family (Orchidaceae), is an erect, deciduous herb. The stems arise from 
underground tubers, the pale green leaves are lance-to egg-shaped, and 
the greenish-yellow flowers occur in open spikes. It is distinguished 
by other Hawaiian orchids by its underground tubers that lack roots at 
the nodes or pseudobulbs, and the shape and length of its dorsal sepal. 
This is the only species of this genus that occurs in the Hawaiian 
Islands (Wagner et al. 1999).
    Little is known about the life history of this plant. Its flowering 
cycles, pollination vectors, seed dispersal agents, longevity, specific 
environmental requirements, and limiting factors are unknown (Service 
1999a).
    Historically, Platanthera holochila was known from Maui, Oahu, 
Molokai, and Kauai. Currently, P. holochila is extant on Kauai, 
Molokai, and Maui. On Molokai, one occurrence with less than 10 
individuals is reported from Hanalilolilo on the privately owned land 
of Kamakou Preserve (GDSI 2000, HINHP Database 2000).
    On Molokai, Platanthera holochila is found on slightly sloping 
ridgetops in Metrosideros polymorpha-

[[Page 12995]]

Cheirodendron trigynum wet forest or M. polymorpha mixed montane bog 
between 551 and 1,382 m (1,807 and 4,532 ft) in elevation. Associated 
native plants include Cibotium sp., Leptecophylla tameiameiae, or 
Oreobolus furcatus (NCN) (J. Lau, in litt. 2001).
    The primary threats to Platanthera holochila on Molokai are habitat 
degradation and destruction by feral pigs, competition with non-native 
plants, and a risk of extinction from naturally occurring events and/or 
reduced reproductive vigor, due to the small number of remaining 
occurrences and individuals. Predation by non-native slugs may also be 
a potential threat to this species (Service 1999a, 61 FR 53108).

Pteris lidgatei (NCN)

    Pteris lidgatei, a short-lived member of the maidenhair fern family 
(Adiantaceae), is a coarse perennial herb, 0.5 to 1 m (1.6 to 3.3 ft) 
tall. Pteris lidgatei can be distinguished from other species of Pteris 
in the Hawaiian Islands by the texture of its fronds and the tendency 
of the sori along the leaf margins to be broken into short segments 
instead of being fused into continuous marginal sori (Wagner and Wagner 
1992).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1998a).
    Historically, Pteris lidgatei was found on Oahu, Molokai, and West 
Maui. Currently, this species is known from Oahu and Maui. It was last 
collected on Molokai in 1912 from the slopes of Olokui by C. N. Forbes 
(HINHP Database 2000).
    On Molokai, Pteris lidgatei grew on steep streambanks between 78 
and 1,266 m (256 and 4,152 ft) in elevation in wet forest (HINHP 
Database 2000).
    Nothing is known of the threats that may have affected Pteris 
lidgatei on Molokai (Service 1998a).

Schiedea nuttallii (NCN)

    Schiedea nuttallii, a long-lived perennial member of the pink 
family (Caryophyllaceae), is a generally hairless, erect subshrub. This 
species is distinguished from others in this endemic Hawaiian genus by 
its habit, length of the stem internodes, length of the inflorescence, 
number of flowers per inflorescence, and smaller leaves, flowers, and 
seeds (Wagner et al. 1999).
    Based on field and greenhouse observations, Schiedea nuttallii is 
hermaphroditic (flowers contain both male and female parts). Plants on 
Oahu have been under observation for 10 years, and they appear to be 
long-lived. Schiedea nuttallii appears to be an outcrossing (requires 
cross-pollination) species. Under greenhouse conditions, plants fail to 
set seed unless hand-pollinated, suggesting that this species requires 
insects for pollination. Fruits and flowers are abundant in the wet 
season but can be found throughout the year. Little else is known about 
the life history of this plant. Its flowering cycles, pollination 
vectors, seed dipersal agents, longevity, specific environmental 
requirements, and limiting factors are unknown (Service 1999a; Weller 
et al. 1990; Kapua Kawelo, U.S. Deptartment of Defense, Army 
Environmental, in litt. 1999).
    Historically, Schiedea nuttallii was known from scattered locations 
on Kauai, Oahu, Molokai, and Maui. Currently, populations occur on 
Kauai, Oahu, and Molokai. On Molokai, one occurrence with 22 
individuals of Schiedea nuttallii is reported on private lands (GDSI 
2000, HINHP Database 2000, Service 1999a).
    On Molokai, Schiedea nuttallii typically grows in streamside 
grottos in wet Metrosideros polymorpha-Cheirodendron trigynum forest at 
elevations between 677 and 1,423 m (2,220 and 4,667 ft). Associated 
plants include Asplenium lobulatum (piipii lau manamana), Asplenium 
macraei (iwaiwa lau lii), Asplenium unilaterale (pamoho) Cyrtandra 
hawaiiensis (haiwale), Thelypteris sandwicensis (NCN), or Vandenboschia 
davallioides (palai hihi) (J. Lau, in litt. 2001).
    Schiedea nuttallii on Molokai is seriously threatened by 
competition with several non-native plants; predation by the black twig 
borer, slugs, and snails; and a risk of extinction from naturally 
occurring events (e.g., landslides) and/or from reduced reproductive 
vigor due to the small number of individuals (Service 1999a, 61 FR 
53108).

Sesbania tomentosa (ohai)

    Sesbania tomentosa, a short-lived perennial member of the pea 
family (Fabaceae), is typically a sprawling shrub but may also be a 
small tree. Each compound leaf consists of 18 to 38 oblong to elliptic 
leaflets, which are usually sparsely to densely covered with silky 
hairs. The flowers are salmon colored tinged with yellow, orange-red, 
scarlet or, rarely, pure yellow. Sesbania tomentosa is the only endemic 
Hawaiian species in the genus, differing from the naturalized S. sesban 
(Egyptian rattlepod) by the color of the flowers, the longer petals and 
calyx, and the number of seeds per pod (Geesink et al. 1999).
    The pollination biology of Sesbania tomentosa has been studied by 
David Hopper, University of Hawaii. His findings suggest that, although 
many insects visit Sesbania flowers, the majority of successful 
pollination is accomplished by native bees of the genus Hylaeus and 
that occurrences at Kaena Point on Oahu are probably pollinator-
limited. Flowering at Kaena Point is highest during the winter-spring 
rains, and gradually declines throughout the rest of the year. Other 
aspects of this plant's life history are unknown (Service 1999a).
    Currently, Sesbania tomentosa occurs on six of the eight main 
Hawaiian Islands (Kauai, Oahu, Molokai, Kahoolawe, Maui, and Hawaii 
Island) and in the Northwestern Hawaiian Islands (Nihoa and Necker 
islands). It is no longer found on Niihau and Lanai. On Molokai, 
Sesbania tomentosa is known from 9 occurrences with over 2,000 
individuals, occurring from Moomomi to Nenehanaupo and from Kamiloloa 
to Makolekau on State- and privately owned lands (GDSI 2000, HINHP 
Database 2000, Service 1999a, 59 FR 56333).
    On Molokai, Sesbania tomentosa is found in Scaevola sericea coastal 
dry shrubland on windswept slopes, sea cliffs and weathered basaltic 
slopes between sea level and 516 m (0 and 1,692 ft) in elevation. 
Associated plant species include Dodonaea viscosa, Jacquemontia 
ovalifolia ssp. sandwicensis, Melanthera integrifolia, or Sida fallax 
(HINHP Database 2000, Service 1999a).
    The primary threats to Sesbania tomentosa on Molokai are 
competition with various non-native plant species, such as Lantana 
camara and grass species; habitat degradation by feral cattle; lack of 
adequate pollination; seed predation by rats, mice, and potentially 
non-native insects; and destruction by random environmental events 
(e.g., fire) and human activities (e.g., off-road vehicles) (Service 
1999a, 59 FR 56333).

Silene lanceolata (NCN)

    Silene lanceolata, a member of the pink family (Caryophyllaceae), 
is an upright, short-lived perennial plant with stems 15 to 50 cm (6 to 
20 in) long, which are woody at the base. The flowers are white with 
deeply-lobed, clawed petals. This species is distinguished from S. 
alexandri, the only other member of the genus found on Molokai, by its 
smaller flowers and capsules and its stamens, which are

[[Page 12996]]

shorter than the sepals (Wagner et al. 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996a).
    The historical range of Silene lanceolata includes five Hawaiian 
Islands: Kauai, Oahu, Molokai, Lanai, and Hawaii. Silene lanceolata is 
presently found on the islands of Molokai, Oahu, and Hawaii. On 
Molokai, one occurrence of approximately 100 individuals was found in 
1987 on private land near Puu Kolekole (GDSI 2000; Service 1996a; K. 
Wood, in litt. 1999).
    On Molokai, Silene lanceolata grows on gulch slopes, ridge tops, 
and cliffs in dry to mesic shrubland between 581 and 1,043 m (1,906 and 
3,421 ft) in elevation. Associated native plant species include Bidens 
menziesii, Carex wahuensis, Diospyros sandwicensis, Dodonaea viscosa, 
Dubautia linearis, Leptecophylla tameiameiae, Metrosideros polymorpha, 
or Schiedea spp. (NCN) (Service 1996a; J. Lau, in litt. 2001; K. Wood, 
in litt. 1999).
    Habitat destruction by feral ungulates (goats and pigs), wildfires, 
and competition by invading non-native plants are immediate threats to 
Silene lanceolata on Molokai (Service 1996a, 57 FR 46325).

Solanum incompletum (popolo ku mai)

    Solanum incompletum, a short-lived perennial member of the 
nightshade family (Solanaceae), is a woody shrub. Its stems and lower 
leaf surfaces are covered with prominent reddish prickles or sometimes 
with yellow fuzzy hairs on young plant parts and lower leaf surfaces. 
This species differs from other native members of the genus by being 
generally prickly and having loosely clustered white flowers, curved 
anthers about 2 mm (0.08 in) long, and berries 1 to 2 cm (0.4 to 0.8 
in) in diameter (Symon 1999).
    Little is known about the life history of Solanum incompletum. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (59 FR 56333).
    Historically, Solanum incompletum was known from Lanai, Maui, and 
the island of Hawaii. According to David Symon (1999), the known 
distribution of Solanum incompletum also extended to the islands of 
Kauai and Molokai. Currently, the species is only known from the island 
of Hawaii. It is unclear when the last individual was collected on 
Molokai (HINHP Database 2000).
    Nothing is known of the preferred habitat of or native plant 
species associated with Solanum incompletum on the island of Molokai.
    Nothing is known of the threats to Solanum incompletum on Molokai.

Spermolepis hawaiiensis (NCN)

    Spermolepis hawaiiensis, a member of the parsley family (Apiaceae), 
is a slender annual herb with few branches. Its leaves are dissected 
into narrow, lance-shaped divisions. Spermolepis hawaiiensis is the 
only member of the genus native to Hawaii. It is distinguished from 
other native members of the family by being a non-succulent annual with 
an umbrella-shaped inflorescence (Constance and Affolter 1999).
    Little is known about the life history of Spermolepis hawaiiensis. 
Its flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999a).
    Historically, Spermolepis hawaiiensis was known from Kauai, Oahu, 
Lanai, and the island of Hawaii. Currently, it is found on Kauai, Oahu, 
Molokai, Lanai, Maui, and the island of Hawaii. On Molokai, there is 
one known occurrence with approximately 600 individuals on privately 
owned land in Kamalo (GDSI 2000, HINHP Database 2000, Service 1999a, 59 
FR 56333).
    On Molokai, Spermolepis hawaiiensis is known from ridge crests and 
gulch slopes in dry to mesic shrublands at elevations between 432 and 
972 m (1,416 and 3,188 ft). Associated plant species include Dodonaea 
viscosa, Leptecophylla tameiameiae, or Metrosideros polymorpha (J. Lau, 
in litt. 2001).
    The primary threats to Spermolepis hawaiiensis on Molokai are 
habitat degradation by feral goats; competition with various non-native 
plants, such as Lantana camara, Melinis minutiflora, and grasses; and 
habitat destruction and extinction due to natural environmental events, 
such as erosion, landslides, and rockslides due to natural weathering 
(Service 1999a, 59 FR 56333).

Vigna o-wahuensis (NCN)

    Vigna o-wahuensis, a member of the pea family (Fabaceae), is a 
slender twining short-lived perennial herb with fuzzy stems. Each leaf 
is made up of three leaflets, which vary in shape from round to linear. 
This species differs from others in the genus by its thin yellowish 
petals, sparsely hairy calyx, and thin pods, which may or may not be 
slightly inflated (Geesink et al. 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1999a).
    Historically, Vigna o-wahuensis was known from Niihau, Oahu, 
Molokai, Lanai, Kahoolawe, Maui, and the island of Hawaii. Currently, 
it is known from the islands of Molokai, Lanai, Kahoolawe, Maui, and 
the island of Hawaii. On Molokai, 2 occurrences with approximately 16 
individuals occur on privately owned lands at Onini Gulch and Makolelau 
(GDSI 2000, HINHP Database 2000, Service 1999a).
    On Molokai, Vigna o-wahuensis occurs in dry to mesic grassland and 
shrubland between 516 and 1,041 m (1,692 and 3,414 ft) in elevation. 
Associated plant species include Chenopodium oahuense, Cyperus 
laevigatus (makaloa), Dodonaea viscosa, Eragrostis variabilis, 
Heteropogon contortus, Ipomoea sp. (morning glory), Leptecophylla 
tameiameiae, Scaevola sericea, Sida fallax, or Vitex rotundifolia 
(pohinahina) (Geesink et al. 1999, HINHP Database 2000, Service 1999a).
    The primary threats to Vigna o-wahuensis on Molokai are competition 
with various non-native plant species and a risk of extinction due to 
random environmental events (primarily fire) and/or reduced 
reproductive vigor because of the small number of existing occurrences 
and individuals (Service 1999a, 59 FR 56333).

Zanthoxylum hawaiiense (ae)

    Zanthoxylum hawaiiense, a long-lived perennial in the rue family 
(Rutaceae), is a medium-sized tree with pale to dark gray bark and 
lemon-scented leaves. It is distinguished from other Hawaiian members 
of the genus by several characteristics: three leaflets all of similar 
size, one joint on the lateral leaf stalk, and sickle-shape fruits with 
a rounded tip (Stone et al. 1999).
    Little is known about the life history of this species. Its 
flowering cycles, pollination vectors, seed dispersal agents, 
longevity, specific environmental requirements, and limiting factors 
are unknown (Service 1996b).
    Historically, Zanthoxylum hawaiiense was known from the islands of 
Kauai, Molokai, Lanai, Maui, and the island of Hawaii. Currently, 
Zanthoxylum hawaiiense is found on Kauai, Molokai, Maui, and the island 
of Hawaii. On Molokai, the four occurrences with a

[[Page 12997]]

total of five individuals are located at Makolelau and Puu Hoi Ridge on 
private lands (GDSI 2000, HINHP Database 2000).
    On Molokai, Zanthoxylum hawaiiense is found on gulch slopes in 
mesic Metrosideros polymorpha or Diospyros sandwicensis forest between 
754 and 1,084 m (2,473 and 3,555 ft) in elevation. Associated species 
include Alyxia oliviformis, Dodonaea viscosa, Leptecophylla 
tameiameiae, Myrsine lanaiensis, Nestegis sandwicensis, Osteomeles 
anthyllidifolia, Pleomele auwahiensis, or Psychotria spp. (HINHP 
Database 2000; Stone et al. 1999; 59 FR 10305; J. Lau, in litt. 2001).
    The threats to Zanthoxylum hawaiiense on Molokai include browsing, 
grazing, and trampling by feral goats; competition with non-native 
plant species; habitat degradation and destruction by humans; and 
extinction from naturally occurring events (primarily fire) and/or from 
reduced reproductive vigor due to the small number of individuals and 
occurrences (Service 1996b, 59 FR 10305).
    A summary of occurrences and landownership for the 51 plant species 
reported from the island of Molokai is given in Table 2.

 Table 2.--Summary of Existing Occurrences on Molokai and of Landownership for 51 Species Reported From Molokai
----------------------------------------------------------------------------------------------------------------
                                                            Number of                 Landownership
                         Species                             current   -----------------------------------------
                                                           occurrences     Federal        State        Private
----------------------------------------------------------------------------------------------------------------
Adenophorus periens......................................            1  ............  ............            X
Alectryon macrococcus....................................            6  ............            X             X
Bidens wiebkei...........................................            5  ............  ............            X
Bonamia menzeisii........................................            0  ............  ............  ............
Brighamia rockii.........................................            5  ............            X             X
Canavalia molokaiensis...................................            7  ............           X*             X
Centaurium sebaeoides....................................            2  ............           X*             X
Clermontia oblongifolia ssp. brevipes....................            5  ............  ............            X
Ctenitis squamigera......................................            1  ............  ............            X
Cyanea dunbarii..........................................            1  ............            X   ............
Cyanea grimesiana ssp. grimesiana........................            2  ............            X   ............
Cyanea mannii............................................            8  ............            X             X
Cyanea procera...........................................            5  ............            X             X
Cyperus trachysanthos....................................            0  ............  ............  ............
Diellia erecta...........................................            4  ............  ............            X
Diplazium molokaiense....................................            0  ............  ............  ............
Eugenia koolauensis......................................            0  ............  ............  ............
Flueggea neowawraea......................................            0  ............  ............  ............
Hedyotis mannii..........................................            1  ............  ............            X
Hesperomannia arborescens................................            1  ............  ............            X
Hibiscus arnottianus ssp. immaculatus....................            3  ............            X             X
Hibiscus brackenridgei...................................            0  ............  ............  ............
Ischaemum byrone.........................................            2  ............  ............            X
Isodendrion pyrifolium...................................            0  ............  ............  ............
Labordia triflora........................................            1  ............  ............            X
Lysimachia maxima........................................            1  ............  ............            X
Mariscus fauriei.........................................            1  ............            X   ............
Marsilea villosa.........................................            4  ............            X             X
Melicope mucronulata.....................................            2  ............  ............            X
Melicope munroi..........................................            0  ............  ............  ............
Melicope reflexa.........................................            3  ............            X             X
Neraudia sericea.........................................            1  ............  ............            X
Peucedanum sandwicense...................................            5  ............           X*             X
Phyllostegia mannii......................................            1  ............  ............            X
Phyllostegia mollis......................................            0  ............  ............  ............
Plantago princeps........................................            1  ............  ............            X
Platanthera holochila....................................            1  ............  ............            X
Pritchardia munroi.......................................            1  ............  ............            X
Pteris lidgatei..........................................            0  ............  ............  ............
Schiedea lydgatei........................................            4  ............            X             X
Schiedea nuttallii.......................................            1  ............  ............            X
Schiedea sarmentosa......................................            5  ............  ............            X
Sesbania tomentosa.......................................            9  ............            X             X
Silene alexandri.........................................            0  ............  ............  ............
Silene lanceolata........................................            1  ............  ............            X
Solanum incompletum......................................            0  ............  ............  ............
Spermolepis hawaiiensis..................................            1  ............  ............            X
Stenogyne bifida.........................................            5  ............  ............            X
Tetramolopium rockii.....................................            4  ............           X*             X
Vigna o-wahuensis........................................            2  ............  ............            X
Zanthoxylum hawaiiense...................................            2  ............  ............           X
----------------------------------------------------------------------------------------------------------------
* Some occurrences are on State land that is managed by the National Park Service at Kalaupapa National
  Historical Park and/or the U.S. Coast Guard Reservation at Kalaupapa.


[[Page 12998]]

Previous Federal Action

    Federal action on these plants began as a result of section 12 of 
the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et 
seq.), which directed the Secretary of the Smithsonian Institution to 
prepare a report on plants considered to be endangered, threatened, or 
extinct in the United States. This report, designated as House Document 
No. 94-51, was presented to Congress on January 9, 1975. In that 
document, Adenophorus periens, Alectryon macrococcus (as A. macrococcum 
var. macrococcum and A. mahoe), Bidens wiebkei, Bonamia menziesii, 
Brighamia rockii, Canavalia molokaiensis, Flueggea neowawraea (as 
Drypetes phyllanthoides), Hedyotis mannii (as H. thyrsoidea var. 
thyrsoidea), Hesperomannia arborescens (as H. arborescens var. bushiana 
and var. swezeyi), Hibiscus arnottianus ssp. immaculatus (as H. 
immaculatus), Hibiscus brackenridgei (as H. brackenridgei var. 
brackenridgei, var. mokuleianus, and var. ``from Hawaii''), Ischaemum 
byrone, Marsilea villosa, Melicope reflexa (as P. reflexa), Neraudia 
sericea (as N. kahoolawensis), Peucedanum sandwicense (as P. 
kauaiense), Plantago princeps (as P. princeps var. elata, var. 
laxifolia, var. princeps), Sesbania tomentosa (as S. hobdyi and S. 
tomentosa var. tomentosa), Silene alexandri, Silene lanceolata, Solanum 
incompletum (as S. haleakalense and S. incompletum var. glabratum, var. 
incompletum, and var. mauiensis), Vigna o-wahuensis (as V. sandwicensis 
var. heterophylla and var. sandwicensis), and Zanthoxylum hawaiiense 
(as Z. hawaiiense var. citiodora) were considered endangered; Diellia 
erecta and Zanthoxylum hawaiiense (as Z. hawaiiense var. hawaiiense and 
var. velutinosum) were considered threatened; and Ctenitis squamigera, 
Diplazium molokaiense, Isodendrion pyrifolium, Labordia triflora, 
Melicope mucronulata (as Pelea mucronulata), Melicope munroi (as Pelea 
munroi), Plantago princeps (as P. princeps var. acaulis, var. 
denticulata, and var. queleniana), and Tetramolopium rockii were 
considered to be extinct. On July 1, 1975, we published a notice in the 
Federal Register (40 FR 27823) of our acceptance of the Smithsonian 
report as a petition within the context of section 4(c)(2) (now section 
4(b)(3)) of the Act, and we gave notice of our intention to review the 
status of the plant taxa named therein. As a result of that review, on 
June 16, 1976, we published a proposed rule in the Federal Register (41 
FR 24523) to determine endangered status pursuant to section 4 of the 
Act for approximately 1,700 vascular plant taxa, including all of the 
above taxa except Labordia triflora and Melicope munroi. The list of 
1,700 plant taxa was assembled on the basis of comments and data 
received by the Smithsonian Institution and the Service in response to 
House Document No. 94-51 and the July 1, 1975, Federal Register 
publication (40 FR 27823).
    General comments received in response to the 1976 proposal were 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). In 1978, amendments to the Act required that all proposals over 
2 years old be withdrawn. A 1-year grace period was given to proposals 
already over 2 years old. On December 10, 1979, we published a notice 
in the Federal Register (44 FR 70796) withdrawing the portion of the 
June 16, 1976, proposal that had not been made final, along with four 
other proposals that had expired. We published updated Notices of 
Review for plants on December 15, 1980 (45 FR 82479), September 27, 
1985 (50 FR 39525), February 21, 1990 (55 FR 6183), September 30, 1993 
(58 FR 51144), and February 28, 1996 (61 FR 7596). We listed the 51 
species as endangered or threatened between 1991 and 1999. A summary of 
the listing actions can be found in Tables 3(a) and 3(b).

                    Table 3(a).--Summary of Listing Actions for 51 Plant Species From Molokai
----------------------------------------------------------------------------------------------------------------
                                                    Proposed listing rule              Final listing rule
            Species                Federal   -------------------------------------------------------------------
                                   Status         Date      Federal  Register       Date      Federal  Register
----------------------------------------------------------------------------------------------------------------
Adenophorus periens...........  E                09/14/93  58 FR 48012             11/10/94  59 FR 56333
Alectryon macrococcus.........  E                05/24/91  56 FR 23842             05/15/92  57 FR 20772
Bidens wiebkei................  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Bonamia menzeisii.............  E                09/14/93  58 FR 48012             11/10/94  59 FR 56333
Brighamia rockii..............  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Canavalia molokaiensis........  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Centaurium sebaeoides.........  E                09/28/90  55 FR 39664             10/29/91  56 FR 55770
Clermontia oblongifolia ssp.    E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
 brevipes.
Ctenitis squamigera...........  E                06/24/93  58 FR 34231             09/09/94  59 FR 49025
Cyanea dunbarii...............  E                10/02/95  60 FR 51436             10/10/96  61 FR 53130
Cyanea grimesiana ssp.          E                10/02/95  60 FR 51417             10/10/96  61 FR 53108
 grimesiana.
Cyanea mannii.................  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Cyanea procera................  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Cyperus trachysanthos.........  E                10/02/95  60 FR 51417             10/10/96  61 FR 53108
Diellia erecta................  E                09/14/93  58 FR 48012             11/10/94  59 FR 56333
Diplazium molokaiense.........  E                12/14/92  57 FR 39066             06/27/94  59 FR 32932
Eugenia koolauensis...........  E                10/02/95  60 FR 51398             10/10/96  61 FR 53089
Flueggea neowawraea...........  E                09/14/93  58 FR 48012             11/10/94  59 FR 56333
Hedyotis mannii...............  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Hesperomannia arborescens.....  E                10/14/92  57 FR 47028             03/28/94  59 FR 14482
Hibiscus arnottianus ssp.       E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
 immaculatus.
Hibiscus brackenridgei........  E                09/28/90  55 FR 39664             10/29/91  56 FR 55770
Isodendrion pyrifolium........  T                10/02/95  60 FR 51417             10/10/96  61 FR 53108
Ischaemum byrone..............  E                12/17/92  57 FR 59951             03/04/94  59 FR 10305
Labordia triflora.............  E                05/15/97  62 FR 26757             09/03/99  64 FR 48307
Lysmachia maxima..............  E                10/02/95  60 FR 51436             10/10/96  61 FR 53130
Mariscus fauriei..............  E                12/17/92  57 FR 59951             03/04/94  59 FR 10305
Marsilea villosa..............  E                02/15/91  56 FR 6349              06/22/92  57 FR 27863

[[Page 12999]]

 
Melicope mucronulata..........  E                05/24/91  56 FR 23842             05/15/92  57 FR 20772
Melicope munroi...............  E                05/15/97  62 FR 26757             09/03/99  64 FR 48307
Melicope reflexa..............  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Neraudia sericea..............  E                09/14/93  58 FR 48012             11/10/94  59 FR 56333
Peucedanum sandwicense........  T                10/30/91  56 FR 55862             02/25/94  59 FR 9304
Phyllostegia mannii...........  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Phyllostegia mollis...........  E                10/02/95  60 FR 51398             10/10/96  61 FR 53089
Plantago princeps.............  E                09/14/93  58 FR 48012             11/10/94  59 FR 56333
Platanthera holochila.........  E                10/02/95  60 FR 51417             10/10/96  61 FR 53108
Pritchardia munroi............  E                10/08/92  57 FR 46325             09/20/91  56 FR 47718
Pteris lidgatei...............  E                10/02/95  60 FR 51398             10/10/96  61 FR 53089
Schiedea lydgatei.............  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Schiedea nuttallii............  E                10/02/95  60 FR 51417             10/10/96  61 FR 53108
Schiedea sarmentosa...........  E                10/02/95  60 FR 51436             10/10/96  61 FR 53130
Sesbania tomentosa............  E                09/14/93  58 FR 48012             11/10/94  59 FR 56333
Silene alexandri..............  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Silene lanceolata.............  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Solanum incompletum...........  E                09/14/93  58 FR 48012             11/10/94  59 FR 56333
Spermolepis hawaiiensis.......  E                09/14/93  58 FR 48012             11/10/94  59 FR 56333
Stenogyne bifida..............  E                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Tetramolopium rockii..........  T                09/20/91  56 FR 47718             10/08/92  57 FR 46325
Vigna o--wahuensis............  E                09/14/93  58 FR 48012             11/10/94  59 FR 56333
Zanthoxylum hawaiiense........  E                12/17/92  57 FR 59951             03/04/94  59 FR 10305
----------------------------------------------------------------------------------------------------------------
Key: E=Endangered T=Threatened.


             Table 3(b).--Summary of Listing Actions (Proposed and Final Critical Habitat Determinations) for 51 Plant Species From Molokai
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Proposed designation or nondesignation of critical habitat      Designation or nondesignation of critical habitat
             Species             -----------------------------------------------------------------------------------------------------------------------
                                           Date(s)                   Federal Register                   Date(s)                  Federal Register
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adenophorus periens.............  11/07/2000,                65 FR 66808,                      01/09/2003,               68 FR 1220,
                                  12/27/2000,                65 FR 82086,                      02/27/2003                68 FR 9116
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002,                67 FR 36968,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Alectryon macrococcus...........  11/07/2000,                65 FR 66808,                      02/27/2003                68 FR 9116
                                  12/18/2000,                65 FR 79192,                      ........................  ...............................
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Bidens wiebkei..................  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Bonamia menzeisii...............  11/07/2000,                65 FR 66808,                      01/09/2003,               68 FR 1220,
                                  12/18/2000,                65 FR 79192,                      02/27/2003                68 FR 9116
                                  12/27/2000,                65 FR 82086,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002,                67 FR 36968,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Brighamia rockii................  12/29/2000,                65 FR 83158,                      01/09/2003,               68 FR 1220
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Canavalia molokaiensis..........  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Centaurium sebaeoides...........  11/07/2000,                65 FR 66808,                      01/09/2003,               68 FR 1220,
                                  12/18/2000,                65 FR 79192,                      02/27/2003                68 FR 9116
                                  12/27/2000,                65 FR 82086,                      ........................  ...............................

[[Page 13000]]

 
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Clermontia oblongifolia ssp.      12/29/2000,                65 FR 83158,                      NA                        NA
 brevipes.
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Ctenitis squamigera.............  12/18/2000,                65 FR 79192,                      01/09/2003,               68 FR 1220,
                                  12/27/2000,                65 FR 82086,                      02/27/2003                68 FR 9116
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Cyanea dunbarii.................  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Cyanea grimesiana ssp.            12/18/2000,                65 FR 79192,                      01/09/2003,               68 FR 1220,
 grimesiana.
                                  12/27/2000,                65 FR 82086,                      ........................  ...............................
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Cyanea mannii...................  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Cyanea procera..................  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Cyperus trachysanthos...........  11/07/2000,                65 FR 66808,                      01/09/2003,               68 FR 1220,
                                  01/28/2002,                67 FR 3940,                       02/27/2003                68 FR 9116
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Diellia erecta..................  12/18/2000,                65 FR 79192,                      01/09/2003,               68 FR 1220,
                                  12/29/2000,                65 FR 83158,                      02/27/2003                68 FR 9116
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002,                67 FR 36968,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Diplazium molokaiense...........  12/18/2000,                65 FR 79192,                      01/09/2003,               68 FR 1220,
                                  01/28/2002,                67 FR 3940,                       02/27/2003                68 FR 9116
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Eugenia koolauensis.............  04/05/2002,                67 FR 16492,                      NA                        NA
                                  05/28/2002,                67 FR 37108,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Flueggea neowawraea.............  11/07/2000,                65 FR 66808,                      02/27/2003                68 FR 9116
                                  12/18/2000,                65 FR 79192,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002,                67 FR 36968,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Hedyotis mannii.................  12/18/2000,                65 FR 79192,                      01/09/2003                68 FR 1220
                                  12/27/2000,                65 FR 82086,                      ........................  ...............................
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Hesperomannia arborescens.......  12/18/2000,                65 FR 79192,                      01/09/2003                68 FR 1220
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................

[[Page 13001]]

 
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Hibiscus arnottianus ssp.         12/29/2000,                65 FR 83158,                      NA                        NA
 immaculatus.
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Hibiscus brackenridgei..........  12/18/2000,                65 FR 79192,                      01/09/2003,               68 FR 1220,
                                  12/27/2000,                65 FR 82086,                      02/27/2003                68 FR 9116
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492                       ........................  ...............................
                                  05/28/2002,                67 FR 36968,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Isodendrion pyrifolium..........  01/28/2002,                67 FR 3940,                       01/09/2003                68 FR 1220
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002,                67 FR 36968,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Ischaemum byrone................  12/18/2000,                65 FR 79192,                      02/27/2003                68 FR 9116
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 36968                       ........................  ...............................
Labordia triflora...............  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Lysmachia maxima................  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Mariscus fauriei................  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Marsilea villosa................  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Melicope mucronulata............  12/18/2000,                65 FR 79192,                      NA                        NA
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Melicope munroi.................  12/27/2000,                65 FR 82086,                      01/09/2003                68 FR 1220
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Melicope reflexa................  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Neraudia sericea................  12/18/2000,                65 FR 79192,                      01/09/2003                68 FR 1220
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Peucedanum sandwicense..........  11/07/2000,                65 FR 66808,                      02/27/2003                68 FR 9116
                                  12/18/2000,                65 FR 79192,                      ........................  ...............................
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Phyllostegia mannii.............  04/03/2002,                67 FR 15856,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Phyllostegia mollis.............  12/18/2000,                65 FR 79192,                      NA                        NA
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Plantago princeps...............  11/07/2000,                65 FR 66808,                      02/27/2003                68 FR 9116
                                  12/18/2000,                65 FR 79192,                      ........................  ...............................
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Platanthera holochila...........  11/07/2000,                65 FR 66808,                      02/27/2003                68 FR 9116
                                  12/18/2000,                65 FR 79192,                      ........................  ...............................
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................

[[Page 13002]]

 
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Pritchardia munroi..............  NA                         NA                                NA                        NA
Pteris lidgatei.................  12/18/2000,                65 FR 79192,                      NA                        NA
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Schiedea lydgatei...............  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Schiedea nuttallii..............  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Schiedea sarmentosa.............  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Sesbania tomentosa..............  11/07/2000,                65 FR 66808,                      01/09/2003,               68 FR 1220,
                                  12/18/2000,                65 FR 79192,                      02/27/2003                68 FR 9116
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/14/2002,                67 FR 34522                       ........................  ...............................
                                  05/28/2002,                67 FR 36968,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Silene alexandri................  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Silene lanceolata...............  12/29/2000,                65 FR 83158,                      NA                        NA
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Solanum incompletum.............  01/28/2002,                67 FR 3940,                       01/09/2003                68 FR 1220
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Spermolepis hawaiiensis.........  11/07/2000,                65 FR 66808,                      01/09/2003,               68 FR 1220,
                                  12/18/2000,                65 FR 79192,                      02/27/2003                68 FR 9116
                                  12/27/2000,                65 FR 82086,                      ........................  ...............................
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002,                67 FR 36968,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Stenogyne bifida................  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Tetramolopium rockii............  12/29/2000,                65 FR 83158,                      NA                        NA
                                  04/05/2002                 67 FR 16492                       ........................  ...............................
Vigna o-wahuensis...............  12/18/2000,                65 FR 79192,                      01/09/2003,               68 FR 1220,
                                  12/27/2000,                65 FR 82086,                      02/27/2003                68 FR 9116
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  03/04/2002,                67 FR 9806,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002,                67 FR 36968,                      ........................  ...............................
                                  05/28/2002                 67 FR 37108                       ........................  ...............................
Zanthoxylum hawaiiense..........  11/07/2000,                65 FR 66808,                      02/27/2003                68 FR 9116
                                  12/18/2000,                65 FR 79192,                      ........................  ...............................
                                  12/29/2000,                65 FR 83158,                      ........................  ...............................
                                  01/28/2002,                67 FR 3940,                       ........................  ...............................
                                  04/03/2002,                67 FR 15856,                      ........................  ...............................
                                  04/05/2002,                67 FR 16492,                      ........................  ...............................
                                  05/28/2002                 67 FR 36968                       ........................  ...............................
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 13003]]

    At the time each plant was listed, we found that designation of 
critical habitat was prudent for two of these plants (Labordia triflora 
and Melicope munroi) and not prudent for the other 49 plants because it 
would not benefit the plant or would increase the degree of threat to 
the species. The not prudent findings for these species, along with 
others, were challenged in Conservation Council for Hawaii v. Babbitt, 
2 F. Supp. 2d 1280 (D. Haw. 1998). On March 9, 1998, the United States 
District Court for the District of Hawaii directed us to review the 
prudency findings for 245 listed plant species in Hawaii, including 49 
of the 51 species reported from Molokai. Among other things, the court 
held that in most cases we did not sufficiently demonstrate that the 
species are threatened by human activity or that such threats would 
increase with the designation of critical habitat. The court also held 
that we failed to balance any risks of designating critical habitat 
against any benefits (id. at 1283-85).
    On August 10, 1998, the court ordered us to publish proposed 
critical habitat designations or nondesignations for at least 100 
species by November 30, 2000, and to publish proposed designations or 
nondesignations for the remaining 145 species by April 30, 2002 
(Conservation Council for Hawaii v. Babbitt, 24 F. Supp. 2d 1074 (D. 
Haw. 1998)).
    At the time we listed Labordia triflora and Melicope munroi (64 FR 
48307), we found that designation of critical habitat was prudent and 
stated that we would develop critical habitat designations for these 
two taxa, along with eight others, by the time we completed 
designations for the other 245 Hawaiian plant species. This timetable 
was challenged in Conservation Council for Hawaii v. Babbitt, Civ. No. 
99-00283 HG (D. Haw. Aug. 19, 1999, Feb. 16, 2000, and March 28, 2000). 
The court agreed that it was reasonable for us to integrate these 10 
Maui Nui (Maui, Lanai, Molokai, and Kahoolawe) plant taxa into the 
schedule established for designating critical habitat for the other 245 
Hawaiian plants, but the court ordered us to publish proposed critical 
habitat designations for the 10 Maui Nui species with the first 100 
plants from the group of 245 by November 30, 2000, and to publish final 
critical habitat designations by November 30, 2001.
    On November 30, 1998, we published a notice in the Federal Register 
requesting public comments on our reevaluation of whether designation 
of critical habitat is prudent for the 245 Hawaiian plants at issue (63 
FR 65805). The comment period closed on March 1, 1999, and was reopened 
from March 24, 1999, to May 24, 1999 (64 FR 14209). We received more 
than 100 responses from individuals, non-profit organizations, the 
State Division of Forestry and Wildlife (DOFAW), county governments, 
and Federal agencies (U.S. Department of Defense--Army, Navy, Air 
Force). Only a few responses offered information on the status of 
individual plant species or on current management actions for one or 
more of the 245 Hawaiian plants. While some of the respondents 
expressed support for the designation of critical habitat for 245 
Hawaiian plants, more than 80 percent opposed the designation of 
critical habitat for these plants. In general, these respondents 
opposed designation because they believed it would cause economic 
hardship, discourage cooperative projects, polarize relationships with 
hunters, or potentially increase trespass or vandalism on private 
lands. In addition, commenters also cited a lack of information on the 
biological and ecological needs of these plants, which, they suggested, 
may lead to designation based on guesswork. The respondents who 
supported the designation of critical habitat cited that designation 
would provide a uniform protection plan for the Hawaiian Islands; 
promote funding for management of these plants, educate the public and 
State government, and protect partnerships with landowners and build 
trust.
    On February 18, 1999, we contacted landowners on the island of 
Molokai, notifying them of our requirement to designate critical 
habitat for 51 plant species. We included a copy of the November 30, 
1998, Federal Register notice, a map showing the general locations of 
the species that may be on his/her property, and a handout containing 
general information on critical habitat. We held an open house on the 
island of Molokai, at the Mitchell Pauole Community Center, on March 
15, 2000, to meet one-on-one with local landowners and other interested 
members of the public. In addition, we met with Maui County DOFAW staff 
and discussed their management activities on Molokai.
    On December 29, 2000, we published the fourth of the court-ordered 
proposed critical habitat designations or nondesignations for 32 
Molokai plants (65 FR 83158). The prudency findings and proposed 
critical habitat designations for Kauai and Niihau plants were 
published on November 7, 2000 (65 FR 66808), for Maui and Kahoolawe 
plants on December 18, 2000 (65 FR 79192), and for Lanai plants on 
December 27, 2000 (65 FR 82086). All of these proposed rules had been 
sent to the Federal Register by or on November 30, 2000, as required by 
the court orders.
    In those rules, we proposed that critical habitat was prudent for 
47 species (Adenophorus periens, Alectryon macrococcus, Bidens wiebkei, 
Brighamia rockii, Canavalia molokaiensis, Centaurium sebaeoides, 
Clermontia oblongifolia ssp. brevipes, Ctenitis squamigera, Cyanea 
dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea mannii, Cyanea 
procera, Diellia erecta, Diplazium molokaiense, Flueggea neowawraea, 
Hedyotis mannii, Hesperomannia arborescens, Hibiscus arnottianus ssp. 
immaculatus, Hibiscus brackenridgei, Ischaemum byrone, Labordia 
triflora, Lysimachia maxima, Mariscus fauriei, Marsilea villosa, 
Melicope mucronulata, Melicope reflexa, Neraudia sericea, Peucedanum 
sandwicense, Phyllostegia mannii, Phyllostegia mollis, Plantago 
princeps, Platanthera holochila, Schiedea lydgatei, Schiedea nuttallii, 
Schiedea sarmentosa, Sesbania tomentosa, Silene alexandri, Silene 
lanceolata, Spermolepis hawaiiensis, Stenogyne bifida, Tetramolopium 
rockii, Vigna o-wahuensis, and Zanthoxylum hawaiiense) that are 
reported from Molokai as well as on Kauai, Niihau, Maui, Kahoolawe, and 
Lanai. We proposed that critical habitat was not prudent for one 
species, Pritchardia munroi, because it would increase the threat of 
vandalism or collection of this species on Molokai. Critical habitat 
was not proposed in that rule for two species, Lysimachia maxima and 
Phyllostegia mannii, because they are currently found only in areas on 
Molokai that do not require special management consideration or 
protection because they are already protected and managed to the 
benefit of these species.
    On December 29, 2000, we proposed designation of critical habitat 
on approximately 6,163 hectares (ha) (15,228 acres (ac)) of land on the 
island of Molokai. The publication of the proposed rule opened a 60-day 
public comment period, which closed on February 27, 2001. On February 
22, 2001, we published a notice (66 FR 11132) announcing the reopening 
of the comment period until April 2, 2001, on the proposal to designate 
critical habitat for plants from Molokai and a notice of a public 
hearing. On March 21, 2001, we held a public hearing at the Mitchell 
Pauole Center Hall, Molokai.
    On October 3, 2001, we submitted a joint stipulation to the U.S. 
District Court with Earthjustice (representing the plaintiffs in Hawaii 
Conservation Council v. Babbitt) requesting extension of the court 
order for the final rules to designate critical habitat for plants from

[[Page 13004]]

Kauai and Niihau (July 30, 2002), Maui and Kahoolawe (August 23, 2002), 
Lanai (September 16, 2002), and Molokai (October 16, 2002), citing the 
need to revise the proposals to incorporate or address new information 
and comments received during the comment periods. The joint stipulation 
was approved and ordered by the court on October 5, 2001.
    On April 5, 2002, we published a revised proposed rule for 51 plant 
species from Molokai (67 FR 16492). Critical habitat for 46 
(Adenophorus periens, Alectryon macrococcus, Bidens wiebkei, Brighamia 
rockii, Canavalia molokaiensis, Centaurium sebaeoides, Clermontia 
oblongifolia ssp. brevipes, Ctenitis squamigera, Cyanea dunbarii, 
Cyanea grimesiana ssp. grimesiana, Cyanea mannii, Cyanea procera, 
Diellia erecta, Diplazium molokaiense, Eugenia koolauensis, Flueggea 
neowawraea, Hedyotis mannii, Hesperomannia arborescens, Hibiscus 
arnottianus ssp. immaculatus, Hibiscus brackenridgei, Ischaemum byrone, 
Isodendrion pyrifolium, Labordia triflora, Lysimachia maxima, Mariscus 
fauriei, Marsilea villosa, Melicope mucronulata, Melicope reflexa, 
Neraudia sericea, Peucedanum sandwicense, Phyllostegia mannii, 
Phyllostegia mollis, Plantago princeps, Platanthera holochila, Pteris 
lidgatei, Schiedea lydgatei, Schiedea nuttallii, Schiedea sarmentosa, 
Sesbania tomentosa, Silene alexandri, Silene lanceolata, Spermolepis 
hawaiiensis, Stenogyne bifida, Tetramolopium rockii, Vigna o-wahuensis, 
and Zanthoxylum hawaiiense) of the 51 plant species from Molokai was 
proposed on approximately 17,614 ha (43,532 ac) of land (67 FR 16492). 
We proposed that critical habitat was prudent for one species (Eugenia 
koolauensis) for which a prudency finding had not been made previously. 
Critical habitat was not proposed for Bonamia menziesii, Cyperus 
trachysanthos, Melicope munroi, and Solanum incompletum on the island 
of Molokai because these plants no longer occur on Molokai, and we are 
unable to identify habitat that is essential to their conservation on 
this island.
    The publication of the revised proposed rule opened a 60-day public 
comment period, which closed on June 4, 2002. On July 11, 2002, we 
submitted joint stipulations to the U.S. District Court with 
Earthjustice requesting extension of the court orders for the final 
rules to designate critical habitat for plants from Lanai (December 30, 
2002), Kauai and Niihau (January 31, 2003), Molokai (February 28, 
2003), Maui and Kahoolawe (April 18, 2003), Oahu (April 30, 2003), the 
Northwestern Hawaiian Islands (April 30, 2003), and the island of 
Hawaii (May 30, 2003), citing the need to conduct additional review of 
the proposals, address comments received during the public comment 
periods, and to conduct a series of public workshops on the proposals. 
The joint stipulations were approved and ordered by the court on July 
12, 2002. On August 12, 2002, we published a notice announcing the 
availability of the draft economic analysis on the proposed critical 
habitat (67 FR 52419). On August 23, 2002, we published a notice 
announcing a public hearing (67 FR 54607). On August 26, 2002, we held 
a public information meeting at the Mitchell Pauole Center Hall, 
Kaunakakai, Molokai. On August 26, 2002, we published a notice 
reopening the public comment period until September 30, 2002 (67 FR 
54766). On September 9, 2002, we held a public hearing at the Mitchell 
Pauole Center Hall, Kaunakakai, Molokai.

Summary of Comments and Recommendations

    We received a total of two oral and 702 written comments during the 
three comment periods on the revised proposal and draft economic 
analysis, including the public hearing held on September 9, 2002. These 
included responses from three State agencies, two county agencies, and 
19 private organizations or individuals, including four designated peer 
reviewers. Approximately 680 of these were identical letters submitted 
as part of a mailing campaign, in support of the proposed critical 
habitat designations. Of the 24 parties who did not respond as part of 
the mailing campaign, eight supported the proposed designations, 13 
were opposed, and three provided information or declined to oppose or 
support the proposed designations.
    We reviewed all comments received for substantive issues and new 
information regarding critical habitat for Adenophorus periens, 
Alectryon macrococcus, Bidens wiebkei, Brighamia rockii, Canavalia 
molokaiensis, Centaurium sebaeoides, Clermontia oblongifolia ssp. 
brevipes, Ctenitis squamigera, Cyanea dunbarii, Cyanea grimesiana ssp. 
grimesiana, Cyanea mannii, Cyanea procera, Diellia erecta, Diplazium 
molokaiense, Eugenia koolauensis, Flueggea neowawraea, Hedyotis mannii, 
Hesperomannia arborescens, Hibiscus arnottianus ssp. immaculatus, 
Hibiscus brackenridgei, Ischaemum byrone, Isodendrion pyrifolium, 
Labordia triflora, Lysimachia maxima, Mariscus fauriei, Marsilea 
villosa, Melicope mucronulata, Melicope reflexa, Neraudia sericea, 
Peucedanum sandwicense, Phyllostegia mannii, Phyllostegia mollis, 
Plantago princeps, Platanthera holochila, Schiedea lydgatei, Schiedea 
nuttallii, Schiedea sarmentosa, Sesbania tomentosa, Silene alexandri, 
Silene lanceolata, Spermolepis hawaiiensis, Stenogyne bifida, 
Tetramolopium rockii, Vigna o-wahuensis, and Zanthoxylum hawaiiense. 
Similar comments were grouped into general issues and are addressed in 
the summary below.

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we solicited independent opinions from 15 knowledgeable 
individuals with expertise in one or several fields, including 
familiarity with the species, familiarity with the geographic region 
that the species occurs in, and familiarity with the principles of 
conservation biology. We received comments from four. All four 
generally supported our methodology and conclusion, but none supported 
or opposed the proposed critical habitat designations. Comments 
received from the peer reviewers are summarized in the following 
section and were considered in developing the final rule.

Issue 1: Biological Justification and Methodology

    (1) Comment: One peer reviewer wrote that the amount and location 
of lands in the proposed rule appears to be adequate for the long-term 
conservation of these species if lands, that were not included in the 
proposal because they were not in need of special management or 
protection are managed properly. Further, the peer reviewer stated that 
deletion of significant portions of any of the proposed critical 
habitat units is likely to prevent the recovery of, or lead to the 
extinction of, listed species. Another peer reviewer commented that the 
proposed rule identifies enough land to provide for the long-term 
conservation of multiple populations. Another commenter wrote in 
support of tripling the acreage of critical habitat on Molokai in order 
to help ensure the survival of plant species. Conversely, other 
commenters felt that the proposed critical habitat units are larger 
than necessary and that the Service should work to ensure that: (1) The 
benefits of exclusion are carefully weighed against the benefits of 
designating critical habitat, (2) ``critical habitat does not include 
the entire geographical area which can be occupied by the threatened or 
endangered species'' (16 U.S.C. 1532(5)(C)), and (3) the final rule 
will exclude large areas that do not

[[Page 13005]]

contain the primary constituent elements for habitat designation.
    Our Response: We made revisions to the unit boundaries based on 
information supplied by commenters, as well as information gained from 
field visits to some of the sites. This new information showed that the 
primary constituent elements were not present in certain portions of 
some of the proposed units and that recent changes in land use had 
occurred that would preclude those areas from supporting the primary 
constituent elements in the future, or that the areas should not be 
considered essential to the conservation of the species in question. In 
many cases, critical habitat boundaries were reduced for multi-island 
species because we have proposed or otherwise identified adequate and 
more appropriate habitat on other islands. In addition, some areas 
excluded from this designation, such as TNCH lands, will still 
contribute significantly to the recovery of these species. These areas 
are counted towards the recovery goal of 8 to 10 populations of 100, 
300, or 500 individuals.
    (2) Comment: One commenter was concerned that there is an absence 
of good scientific data on the plants in this rulemaking and stated 
that guesswork is an unacceptable way to designate critical habitat.
    Our Response: When developing this rule to designate critical 
habitat for 46 plants from Molokai, we used the best scientific data 
currently available, including but not limited to, information from the 
known locations, site-specific species information from the HINHP 
database and our own rare plant database; species information from the 
Center for Plant Conservation's (CPC) rare plant monitoring database; 
the final listing rules for these species; information received during 
the public comment periods and the informational meetings and public 
hearings held on Molokai on September 9, 2002; recent biological 
surveys and reports; our recovery plans for these species; GIS 
information (e.g., vegetation, soils, annual rainfall, elevation 
contours, landownership); information received from landowners, land 
managers, and interested parties on the island of Molokai; discussions 
with botanical experts; and recommendations from the Hawaii Pacific 
Plant Recovery Coordinating Committee (HPPRCC) (GDSI 2000; HINHP 
Database 2000; HPPRCC 1998; Service 1995, 1996a, 1996b, 1997, 1998a, 
1998b, 1999, 2001; 65 FR 83158; 67 FR 16492; CPC in litt. 1999).
    In accordance with our policy on peer review published on July 1, 
1994 (59 FR 34270), we solicited the expert opinions of knowledgeable 
and independent specialists regarding the proposed rule. The purpose of 
this peer review was to ensure that our designation methodology of 
critical habitat of Molokai plants was based on scientifically sound 
data, assumptions, and analysis. The comments of the peer reviewers 
were taken into consideration in the development of this final 
designation and nondesignation. We are required under a court-approved 
stipulation to finalize this designation by February 28, 2003. If 
provided with new information, we may revise the critical habitat 
designation in the future.
    (3) Comment: One commenter felt that the Service's definition of a 
population is not adequate.
    Our Response: We acknowledge the difficulty in identifying a 
discrete, quantitative distance between populations but believe, as do 
the peer reviewers who commented on this issue, that the use of 1,000 m 
(3,280 ft) is a scientifically reasonable convention. We have defined a 
population, for the purpose of this rule, as a discrete aggregation of 
individuals located a sufficient distance from a neighboring 
aggregation such that the two are not affected by the same small-scale 
events and are not believed to be consistently cross-pollinated. In the 
absence of more specific information indicating the appropriate 
distance to assure limited cross-pollination, we are using a distance 
of 1,000 m (3,280 ft) based on our review of current literature on gene 
flow (Barret and Kohn 1991, Fenster and Dudash 1994, Havens 1998, 
Schierup and Christiansen 1996).
    (4) Comment: One peer reviewer suggested that sites significantly 
altered by human activities, such as roads and buildings, should not be 
included in ``conservation plans,'' but that areas that have been 
altered by agriculture and other activities that do not significantly 
disturb the soil should be included as they provide potential sites for 
restoration of plant species.
    Our Response: Agricultural lands are generally not considered to be 
the highest ranking places to designate critical habitat because they 
usually have had the most disturbance. However, for some species some 
of this land is essential for their conservation because suitable 
habitat does not exist elsewhere. Approximately 11 percent of 
designated land on Molokai is within the State Agricultural District.
    (5) Comment: One commenter stated that the presence of an 
endangered species in a particular habitat is not necessarily an 
indication that such habitat is best for the species' survival and 
reproduction. For example, conservationists believed that the Hawaiian 
goose (nene) (Branta sandvicensis) preferred uplands because it 
remained extant in upland habitats, but later information suggests that 
the nene prefer lower elevations.
    Our Response: The best available information, both historic and 
current, was used from a variety of sources (see ``Methods'' section) 
to determine the primary constituent elements. Historic information is 
scant for many species. However, the Service remains obligated to use 
the best available information, which includes the characteristics of 
the habitat supporting a taxon's remaining individuals. We expect more 
will become known in the future about the specific life history needs 
of these species, but we believe at this time that we have used the 
best available scientific information, including peer review and expert 
scientific input.
    (6) Comment: One peer reviewer and other commenters stated that the 
proposed rule is improved by the inclusion of appropriate unoccupied 
habitat because such habitat will help to recover species that have 
been reduced to an unsustainable number of populations. Several 
commenters opposed designating critical habitat in unoccupied areas. 
Two commenters wrote that the lands in urban, agricultural, and rural 
districts are designated, used, and intended for a wide variety of land 
use activities. As such, there is a much greater likelihood that 
critical habitat designation will have an adverse economic impact on 
the landowner. These commenters recommend the following rebuttable 
presumption: Non-conservation lands that are unoccupied by any listed 
species should not be designated as critical habitat.
    Our Response: Our recovery plans for these species identify the 
need to expand existing populations and reestablish wild populations 
within historical range. Because of the very limited current range of 
these species, designating only occupied areas would not meet the 
conservation requirements of the species. Occupied areas, as well as 
the similar habitat around them within the designated units of critical 
habitat that may be occupied in the future, provide the essential life-
cycle needs of the species and provide some or all of the habitat 
components essential for the conservation (primary constituent 
elements) of these species. Additional, nonadjacent, areas of 
unoccupied habitat are essential to the conservation of the species 
because they provide habitat for the establishment of new populations.

[[Page 13006]]

    (7) Comment: One commenter felt that critical habitat should be 
designated for Pritchardia munroi. This commenter opposed the Service's 
decision that it is not prudent to designate critical habitat on the 
grounds that: (1) Designation of critical habitat would not increase 
the threat of vandalism to this species; (2) the Service failed to list 
overcollecting as one of the threats to this species in the revised 
proposal (67 FR 16497); (3) the species' existence on non-Federal land 
is irrelevant; (4) the Service cannot refuse to designate critical 
habitat because it cannot think of a future Federal activity likely to 
trigger consultation under section 7 of the Act; and (5) critical 
habitat offers benefits that go far beyond the protection that 
Pritchardia munroi receives under section 7, namely, critical habitat 
will help a species recover, whereas section 7 merely protects a 
species from extinction.
    Our Response: In this final rule to designate or not designate 
critical habitat for 42 plants from Molokai we have incorporated new 
information and addressed comments and new information received during 
the comment periods. However, no additional information was provided 
during the comment periods that demonstrates that the threats to 
Pritchardia munroi from vandalism or collection would not increase if 
critical habitat was designated for this species on Molokai.
    We believe that designation of critical habitat would likely 
increase the threat from vandalism or collection to this species of 
Pritchardia on Molokai. First, it is easy to identify, and second, it 
may be attractive to collectors of rare palms either for their personal 
use or to trade or sell for personal gain (Johnson 1996). We believe 
that the evidence shows that this species of palm may be attractive to 
such collectors. Several nurseries advertise and sell Pritchardia 
palms, including Pritchardia munroi and six other federally listed 
Pritchardia species. See the section entitled ``Prudency'' in this rule 
for more information regarding instances of vandalism, collection, and 
commercial trade of Hawaiian species of Pritchardia. Although the final 
listing rule and proposed critical habitat do not list vandalism or 
overcollection as threats, in light of documented vandalism and 
overcollection events on species in the same genus on Kauai, we believe 
that Pritchardia munroi is vulnerable to the same types of threats 
because of the similarity in appearance of the species.
    In addition, we believe that designation would not provide 
significant benefits that would outweigh these increased risks. First, 
Pritchardia munroi does not occur on Federal land. The private land 
where it is found is zoned for agriculture, though the single tree has 
been fenced (HINHP Database 2000). In addition, this species is found 
in a small ravine in an area that is remote and inaccessible to 
standard vehicles. It is, therefore, unlikely that the land on which it 
is found will be developed. Since there does not appear to be any 
actions in the future that would involve a Federal agency, designation 
of critical habitat would not provide any additional protection to the 
species that it does not already have through listing alone. If, 
however, any future Federal involvement did occur, such as through the 
permitting process or funding by the U.S. Department of Agriculture, 
the U.S. Department of Interior, the Corps through section 404 of the 
Clean Water Act, the U.S. Federal Department of Housing and Urban 
Development, or the Federal Highway Administration, the actions would 
be subject to consultation under section 7 of the Act.
    We acknowledge that critical habitat designation, in some 
situations, may provide some value to the species, for example, by 
identifying areas important for conservation and calling attention to 
those areas in need of special protection. However, for this species, 
we believe that the benefits of designating critical habitat do not 
outweigh the potential increased threats from vandalism or collection. 
Given all of the above considerations, we have determined that 
designation of critical habitat for Pritchardia munroi is not prudent.
    (8) Comment: One commenter asked why other federally listed plants 
on Molokai and historically listed plants were not included in the 
critical habitat proposal. One peer reviewer questioned the decision to 
not designate critical habitat for Gardenia brighamii and Kokia cookei 
based on: (1) Recent records of Gardenia brighamii on Molokai; (2) the 
recovery plan's stated need for three populations of Gardenia brighamii 
on Molokai; and (3) Kokia cookei being known only from Molokai.
    Our Response: The proposed rule to designate critical habitat for 
46 species found on Molokai was prepared in response to a lawsuit (see 
``Previous Federal Action''). Species listed prior to 1991, such as 
Gardenia brighamii and Kokia cookei, were not included in this lawsuit 
and were thus not addressed in the proposed rule. In addition, critical 
habitat was not proposed for four species (Bonamia menziesii, Cyperus 
trachysanthos, Melicope munroi, and Solanum incompletum) that no longer 
occur on Molokai and for which we were unable to identify any habitat 
that is essential to their conservation on the island. Finally, 
critical habitat is not designated for four species (Hedyotis mannii, 
Phyllostegia mollis, Platanthera holochila, and Vigna o-wahuensis) 
because they are currently found only in areas on Molokai that do not 
require special management consideration or protection because they are 
already protected and managed within TNCH preserves.

Issue 2: Effects of Critical Habitat Designation

    (9) Comment: Critical habitat must accommodate the traditional 
cultural gathering rights of Native Hawaiians as reflected in Article 
XII of the State constitution and upheld by the Hawaii Supreme Court in 
the Public Access Shoreline Hawaii and Ka Paakai o Ka Aina decisions.
    Our Response: Critical habitat designation does not affect 
activities, including human access, on State or private lands unless 
some kind of Federal permit, license, or funding is involved and the 
activities may affect the species. It imposes no regulatory 
prohibitions on State or other non-Federal lands, nor does it impose 
any restrictions on State or non-Federal activities that are not funded 
or authorized by any Federal agencies. Access to Federal lands that are 
designated as critical habitat is not restricted unless access is 
determined to result in the destruction or adverse modification of the 
critical habitat. If we determine that access will result in adverse 
modification of the critical habitat, we will suggest reasonable or 
prudent alternatives that allow the proposed activities to proceed. 
Activities of the State or private landowner or individual, such as 
farming, grazing, logging, and gathering generally are not affected by 
a critical habitat designation, even if the property is within the 
geographical boundaries of the critical habitat. A critical habitat 
designation has no regulatory effect on access to State or private 
lands. Recreational, commercial, and subsistence activities, including 
hunting, on non-Federal lands are not regulated by this critical 
habitat designation, and may be impacted only where there is Federal 
involvement in the action and the action is likely to destroy or 
adversely modify critical habitat.
    (10) Comment: Several commenters believed that critical habitat 
will not help to recover listed plants and is unnecessarily 
restrictive, even if it is scientifically based. These commenters

[[Page 13007]]

generally advocated on-the-ground management in place of critical 
habitat designation. Suggested alternatives included voluntary 
outplanting and propagation, Service support for conservation programs, 
and incentives for landowners to recover species. The commenters 
recommended that research be conducted to determine if critical habitat 
areas can be effectively managed in light of the many threats that face 
them. They concluded that private landowners may welcome the 
introduction of listed species on their property if the Service could 
help support such projects and cooperation and, in doing so, showed 
trust in landowners.
    Our Response: While we agree that critical habitat will not take 
the place of on-the-ground management, critical habitat designation is 
one of a number of conservation tools established in the Act that can 
play an important role in the recovery of a species. For a Federal 
action to adversely modify critical habitat, the action would have to 
adversely affect the critical habitat's constituent elements or their 
management in a manner likely to appreciably diminish or preclude the 
conservation of the species. Designation of critical habitat is a way 
to guide Federal agencies in evaluating their actions, in consultation 
with the Service, such that their actions do not preclude conservation 
of listed species. There also are educational or informational benefits 
to the designation of critical habitat. Educational benefits include 
notifying landowners, land managers, and the general public about the 
importance of protecting the habitat of these species and disseminating 
information about their essential habitat requirements. On-the-ground 
management for restoration of these species is addressed in the 
species' recovery plans. The Service routinely coordinates with and 
assists private landowners and others interested in conservation 
through a variety of programs.

Issue 3: Site-Specific Biological Comments

    (11) Comment: One peer reviewer stated that critical habitat should 
be designated for TNCH's Pelekunu Preserve unless assurances exist 
that: (1) Ungulates will be unequivocally controlled if they reach 
specified damage thresholds; (2) damage thresholds will be reevaluated 
if experience shows that current thresholds are inadequate to protect 
listed species; and (3) control of ungulates to threshold levels will 
occur even if the Molokai Hunters Working Group objects to the control. 
Another commenter pointed out that the fact that TNCH recognized the 
need to manage these fragile areas for conservation should confirm that 
the habitat not only ``may'' but actually does ``require special 
management considerations or protection,'' and thus more than satisfies 
the definition of critical habitat. According to the commenter, failure 
to designate TNCH lands as critical habitat would be violating the 
requirement that the Service designate critical habitat ``to the 
maximum extent prudent and determinable'' (16 U.S.C. 1533(a)(3)). The 
commenter also stated that critical habitat designation will protect 
TNCH's Moomomi, Pelekunu, and Kamakou Preserves from Federal actions 
occurring outside the preserves that may modify or destroy essential 
habitat found within preserve boundaries. Another commenter noted that 
TNCH's land should be designated because it is the among the highest 
quality native habitat areas on Molokai.
    Our Response: In the revised proposed determinations of prudency 
and proposed designations of critical habitat for plant species from 
the island of Molokai, Hawaii (April 5, 2002; 67 FR 16492), we 
indicated that we believed that lands managed by TNCH provided adequate 
special management or protection for 19 of the Molokai plant species. 
This was based the definition of critical habitat (section 3(5)), which 
specifies critical habitat as areas within the geographical area 
occupied by the species on which are found those physical or biological 
features (I) essential to the conservation of the species and (II) 
which may require special management considerations or protection. In 
order to give meaning to this last clause, we considered that if an 
area was already adequately managed then there would be no requirement 
for special management considerations or protection.
    However, in a recent opinion (Center for Biological Diversity v. 
Norton, Civ. No. 01-409 TUC DCB D. Ariz. Jan. 13, 2003), a Federal 
district court determined that our definition of critical habitat, as 
it applies to special management, is not correct. The court stated that 
``whether habitat does or does not require special management by 
defendant or FWS is not determinative on whether or not the habitat is 
`critical' to a threatened or endangered species (pages 13-14 of the 
court's decision).'' We continue to believe that our interpretation was 
reasonable. However, we nevertheless have not declined to include areas 
from this final designation because they are adequately managed.
    As discussed in detail in the ``Analysis of Impacts Under Section 
4(b)(2),'' we have determined that the benefits of excluding TNCH's 
Molokai preserves as critical habitat outweigh the benefits of 
including them as critical habitat for Bidens wiebkei, Canavalia 
molokaiensis, Centaurium sebaeoides, Clermontia oblongifolia ssp. 
brevipes, Cyanea mannii, Cyanea procera, Hedyotis mannii, Labordia 
triflora, Lysimachia maxima, Mariscus fauriei, Melicope mucronulata, 
Phyllostegia mannii, Phyllostegia mollis, Platanthera holochila, 
Schiedea sarmentosa, Silene alexandrii, Stenogyne bifida, Tetramolopium 
rockii, and Vigna o-wahuense.
    (12) Comment: One peer reviewer questioned the designation of 
critical habitat in the western portion of Kalaupapa Peninsula because 
it is heavily degraded and does not appear to be good habitat for 
Centaurium sebaeoides, Sesbania tomentosa, and Tetramolopium rockii.
    Our Response: We agree and have removed this portion of the 
Kalaupapa Peninsula from critical habitat.
    (13) Comment: The Service provides no rationale for the decision to 
eliminate from critical habitat an area that Marsilea villosa currently 
occupies in Kamakaipo Gulch on the west shore of Molokai.
    Our Response: In the April 5, 2002, revised proposal, we stated 
there was critical habitat for Marsilea villosa within Molokai unit A1. 
Upon further inspection, we discovered that certain areas contain the 
suitable habitat for this species were inadvertently left out of the 
designation. We are unable at this time to publish another revised 
proposal to include this suitable habitat for Marsilea villosa. We have 
proposed critical habitat for this species on the island of Molokai. We 
will publish a separate rule incorporating this suitable habitat for 
the species after completing the final rules for the other Hawaiian 
islands.

Issue 4: Legal Issues

    (14) Comment: A peer reviewer and other commenters noted that 
critical habitat should be identified for all areas that may need to be 
managed for the benefit of the listed species. The Act defines critical 
habitat (Section 3(5)(A)(I)) as ``the specific areas* * *(I) essential 
to the conservation of the species and (II) which may require special 
management considerations or protection* * *.'' It does not use the 
phrase ``which may require additional special management considerations 
or protection.'' Therefore, all areas that meet the definition of 
critical habitat

[[Page 13008]]

should be designated, even if they are currently being managed for 
conservation. Designation of these areas would be in accordance with 
the mandatory duty to designate critical habitat ``to the maximum 
extent prudent and determinable'' (16 U.S.C. 1533(a)(3)). Also, 
designation will provide an additional measure of protection by 
preventing Federal agencies from carrying out, funding, or approving 
any activity likely to result in adverse modification or destruction of 
critical habitat--whether directly or indirectly, regardless of the 
location of the activity. Furthermore, areas that may have adequate 
management in place may not be safe from even direct threats from 
Federal activities, which can arise with little warning.
    Our Response: Section 3(5)(A)(i) of the Endangered Species Act of 
1973, as amended (Act) (16 U.S.C. 1531 et seq.) defines critical 
habitat as areas on which are found those physical or biological 
features (I) essential to the conservation of the species and (II) 
which may require special management considerations or protection. In 
order to give meaning to the last clause of the definition, we have 
previously considered that, if an area was already adequately managed, 
then there would be no requirement for special management 
considerations or protection. We believed that adequate special 
management or protection would be provided by a legally operative plan 
that addresses the maintenance and improvement of essential habitat 
elements and that provides for the long-term conservation of the 
species. We considered a plan adequate when it: (1) Provides a 
conservation benefit to the species (i.e., the plan must maintain or 
provide for an increase in the species' population, or the enhancement 
or restoration of its habitat within the area covered by the plan); (2) 
provides assurances that the management plan will be implemented (i.e., 
those responsible for implementing the plan are capable of 
accomplishing the objectives, have an implementation schedule in place, 
and/or have adequate funding for the management plan); and (3) provides 
assurances that the conservation plan will be effective (i.e., it 
identifies biological goals, has provisions for reporting progress, and 
is of a duration sufficient to implement the plan and achieve the 
plan's goals and objectives). Therefore, if an area provides physical 
and biological features essential to the conservation of the species, 
and also is covered by a plan that meets these criteria, then such an 
area would not have constituted critical habitat as defined by the Act 
because the physical and biological features found there do not require 
special management.
    However, in a recent opinion (Center for Biological Diversity v. 
Norton, Civ. No. 01-409 TUC DCB D. Ariz. Jan. 13, 2003), a Federal 
district court determined that our definition of critical habitat, as 
it applies to special management, is not correct. The court stated that 
``whether habitat does or does not require special management by 
defendant or FWS is not determinative on whether or not the habitat is 
`critical' to a threatened or endangered species (pages 13-14 of the 
court's decision).'' We continue to believe that our interpretation was 
reasonable. However, we nevertheless have not declined to include areas 
from this final designation because they are adequately managed.
    (15) Comment: Critical habitat designation, and the underlying 
decision to list as endangered the species that are the subject of the 
designation, exceed the constitutional limits of the Service's 
delegated authority. Congress enacted the Endangered Species Act as an 
exercise of its commerce clause power and delegated exercise of that 
Commerce Clause power to the Service to apply the Act by regulation. 
The listed species are not interstate. They exist only in Hawaii and do 
not cross state lines. Nor are they in commerce as the subject of any 
economic endeavor. They lack any commercial value. Therefore, the 
Service's regulations listing these species and designating critical 
habitat for them within Hawaii exceed the Federal power to regulate 
interstate commerce under the governing precedents interpreting the 
Commerce Clause.
    Our Response: The Federal government has the authority under the 
Commerce Clause of the U.S. Constitution to protect these species, for 
the reasons given in Judge Wald's opinion and Judge Henderson's 
concurring opinion in Nat'l Ass'n of Home Builders v. Babbitt, 130 F.3d 
1041 (D.C. Cir. 1997), cert. denied, 1185 S. Ct. 2340 (1998). See also 
Gibbs v. Babbitt, No.99-1218 (4th Cir. 2000). The Home Builders case 
involved a challenge to application of ESA prohibitions to protect the 
listed Delhi Sands flower-loving fly. As with the species at issue 
here, the Delhi Sands flower-loving fly is endemic to only one State. 
Judge Wald held that application of the ESA to this fly was a proper 
exercise of Commerce Clause power because it prevented loss of 
biodiversity and destructive interstate competition.
    (16) Comment: With regard to the Draft Economic Analysis (DEA), a 
commenter stated that since State law prohibits taking of endangered 
plants, a court could follow Federal precedents and say that an action 
that degrades critical habitat injures the plant and so is an 
``illegal'' taking of the plant. The economic impact of a landowner not 
being able to use his own land for fear of injuring species needs to be 
taken into account.
    Our Response: Possible costs resulting from interplay of the 
Federal Endangered Species Act and Hawaii State law were discussed in 
the economic analysis under indirect costs (e.g., possible conservation 
management mandate for the private landowner and reduction in game 
mammal populations). The economic analysis considers the economic 
impacts of section 7 consultations related to critical habitat even if 
they are attributable co-extensively to the listed status of the 
species. In addition, the economic analysis examines any indirect costs 
of critical habitat designation, such as where critical habitat 
triggers the applicability of a State or local statute. However, where 
it is the listing of a species that prompts action at the State or 
local level, the impacts are not attributable to critical habitat 
designation and are not appropriately considered in the economic 
analysis of critical habitat designation. Take prohibitions under 
Hawaii law are purely attributable to a listing decision and do not co-
extensively occur because of critical habitat designations. There are 
no take prohibitions associated with critical habitat.

Issue 5: Economic Issues

    (17) Comment: A commenter stated that the DEA must take into 
account the unique local circumstances of landownership and limited 
economic base of Molokai, which are especially susceptible to 
detrimental impacts of regulations.
    Our Response: The DEA considers all activities that are reasonably 
foreseeable to affect the proposed critical habitat areas over the next 
10 years. The analysis first considers the impact of preexisting State 
and local land-use restrictions and the likely presence or absence of a 
Federal nexus on these activities. Subsequently, the analysis estimates 
the likely direct effects of implementation of section 7 of the Act on 
the identified reasonably foreseeable activities, as well as discusses 
the indirect effects associated with potential changes in land use 
regulations, property values, and other changes. Based on this 
comprehensive review of

[[Page 13009]]

land uses and activities, the DEA estimates the total direct costs 
associated with implementation of section 7 for the plants would range 
from $109,070 to $804,750. Subsequently, based on a review of public 
comments and information from the Service regarding the intended 
removal or reduction of critical habitat units, the Addendum estimates 
the revised total direct costs to be approximately $54,470 to $269,150. 
When considered in the context of the island economy, these revised 
costs represent, in the worst case, approximately 0.2 percent of the 
total personal income of Molokai in 2000.
    In addition, Chapter VI, Section 5.b. of the DEA addresses the 
limited economic base of Molokai by examining potential impacts on 
small entities (small businesses, small organizations, and small 
governmental jurisdictions) under the Regulatory Flexibility Act (as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996). The DEA concludes that a significant economic impact on a 
substantial number of small entities will not result from the critical 
habitat designation. After considering the information provided in 
public comments and the Service's intended reduction or removal of 
critical habitat units, the Addendum does not revise this conclusion.
    (18) Comment: A commenter stated that the Service must analyze all 
economic impacts of critical habitat designation, not merely those 
impacts that are a ``but for'' result of the critical habitat 
designation. The commenter further stated that the DEA does not 
adequately analyze the full scope of economic impacts, but focuses 
primarily on section 7(a)(2) of the Act, which requires consultation 
with the Service when Federal permits, funding, or other Federal action 
is required, and says that other sections of the Act are outside the 
scope of this economic analysis. The commenter believes that the 
critical habitat designations will have a significant economic effect 
extending far beyond the draft's narrow concept of a Federal nexus.
    Our Response: The Service has authority under section 7 of the Act 
to consult on activities on land owned by individuals, organizations, 
States, or local and tribal governments only if the activities on the 
land have a Federal nexus. A Federal nexus occurs when the activities 
require a Federal permit, license, or other authorization, or involve 
Federal funding. The Service does not have jurisdiction under section 7 
to consult on activities occurring on non-Federal lands when the 
activities are not federally funded, authorized, or carried out. In 
addition, consultation is not required for activities that are not 
likely to affect listed species or their critical habitat.
    The economic analysis considered the economic impacts of section 7 
consultations related to critical habitat even if they are attributable 
co-extensively to the listed status of the species. In addition, the 
economic analysis examined any indirect costs of critical habitat 
designation such as where critical habitat triggers the applicability 
of a State or local statute.
    However, where it is the listing of a species, rather than the 
designation of critical habitat, that prompts action at the State or 
local level, the impacts are not attributable to critical habitat 
designation and are appropriately not considered in the economic 
analysis of critical habitat designation. For example, there are no 
take prohibitions associated with critical habitat. Take prohibitions 
under Hawaii law are purely attributable to a listing decision and do 
not co-extensively occur because of critical habitat designations. 
Thus, the economic analysis did not include an analysis of the impact 
of these other sections of the Act.
    (19) Comment: A commenter stated that the DEA fails to recognize 
all the connections between Federal and State law. For example, if the 
Federal government approves eligibility for flood insurance, flood 
plain development programs shall become subject to consultations under 
the Act. Another comment stated that while the Service has stated that 
critical habitat affects only activities that require Federal permits 
or funding, and does not require landowners to carry out special 
management or restrict use of their land, the DEA fails to address the 
breadth of Federal activities that affect private property in Hawaii 
and the extent to which private landowners are required to obtain 
Federal approval before they can use their property. The commenter 
elaborated that these requirements also extend to State agencies 
requiring Federal funds or approvals.
    Our Response: The analysis in the DEA, as revised by the Addendum, 
is based on a review of all ``reasonably foreseeable'' projects, land 
uses, and activities that may be directly affected by the 
implementation of section 7 for the species in question. ``Reasonably 
foreseeable'' projects, land uses, and activities were broadly defined 
in the analysis as those that are: (1) Currently authorized, permitted, 
or funded; (2) proposed in plans currently available to the public; or 
(3) projected or likely to occur within the next ten years, based on 
(a) recent economic or land-use trends, development patterns, evolving 
technologies, competitive advantages, etc., and (b) limits imposed by 
land-use controls, access, terrain, infrastructure, and other 
restrictions on development. After determining the ``reasonably 
foreseeable'' projects, land uses, and activities that could affect the 
physical and biological features of the proposed critical habitat 
units, the next step in the analysis was to determine Federal 
involvement. Thus, while the economic analysis did not evaluate all 
possible activities with Federal nexus, it was focused on the most 
relevant subset of these activities--those that are ``reasonably 
foreseeable.'' The results of this analysis are presented in 
Table[chyph]VI-3 in the DEA and Table Add-2 in the Addendum.
    More specifically, the critical habitat units as modified overlap 
slightly with areas identified by the Federal Emergency Management 
Agency as within the flood zone. No residential or commercial 
development is located or planned within this area. Thus, no 
consultations for eligibility for flood insurance or flood plain 
development programs are anticipated within the next ten years.
    (20) Comment: One commenter stated that several economic impacts 
are acknowledged in the DEA, but their impacts are not quantified in 
summary tables. These include: (1) The value of hunting estimated at 
$1,430,000; (2) economic loss of up to $675,000,000 if the State places 
critical habitat in the Protective Subzone of the Conservation 
District; and (3) indirect costs beyond section 7 costs.
    Our Response: (1) The DEA does not estimate the value of hunting on 
Molokai at $1,430,000. Instead, the DEA reported a number of figures 
that act as indicators of the value of hunting. Specifically, the DEA 
reported that hunting on Molokai generates approximately $340,000 in 
direct sales, $670,000 in direct and indirect sales, $280,000 in 
income, and $140,000 in surplus value. These estimates reflect separate 
methods to illustrate the total value of hunting and are not intended 
to be added together. Moreover, it should be noted that some of these 
estimates were updated in Section 5 of the Addendum to incorporate data 
from the Service's 2001 National Survey of Fishing, Hunting, and 
Wildlife-Associated Recreation. Specifically, the revised estimates 
indicate that hunting generates approximately $317,000 in direct sales, 
$563,000 in total direct and indirect sales, and $185,000 in income.

[[Page 13010]]

    (2) The potential economic loss associated with a reduction in 
property value due to redistricting of all Agricultural land to the 
Protective Subzone of the Conservation District has been significantly 
reduced due to the modification of critical habitat units. While the 
economic loss as estimated for the modified designation could approach 
$715,000, the probability of redistricting is estimated to be small, 
resulting in a low expected property value loss.
    (3) In addition to property value losses, the DEA and associated 
Addendum do address several types of indirect costs, including the 
possibility of mandated conservation management, loss in hunting 
revenue, and others. However, although the economic analysis does 
provide stylized and/or worst-case estimates of some of the potential 
indirect costs, the actual probability of these impacts occurring is 
not estimated due to the limited information regarding the likelihood 
of these impacts. As a result, the expected value of the impacts is not 
reported. Rather than report the stylized and/or worst-case estimates, 
the analysis presents qualitative descriptions of the magnitude of the 
impacts to account for the fact that the expected values are not known.
    (21) Comment: One commenter stated that the Service is unaware of a 
significant number of future housing or resort development activities 
in coastal areas on Molokai that might trigger section 7 consultation 
by requiring permits from Federal agencies.
    Our Response: Chapter VI, Section 3.e. of the DEA discussed 
potential residential development within the critical habitat and 
concluded that no resort or residential development was anticipated 
within the next 10 years. This estimate reflected information gathered 
that the lands within the proposed designation are either: (1) Managed 
by landowners who stated that they do not have plans to develop; (2) 
within a recreational preserve; (3) governed by agreements under the 
East Molokai Watershed Partnership; or (4) do not have publicly 
available development plans. No new information has been provided that 
contradicts this conclusion; thus, no changes have been made to the DEA 
in this regard.
    (22) Comment: One commenter noted that critical habitat Units F and 
G are potential sites for groundwater exploration, and Federal funding 
or agencies may be involved.
    Our Response: Chapter VI, Section 3.g. of the DEA discussed section 
7 costs associated with water system development as part of the Molokai 
Irrigation System or by Molokai Ranch. The Addendum analyzes additional 
information from the Maui County Department of Water Supply regarding a 
proposed backup well and concludes that the planned well and 
accompanying access road are located outside the critical habitat, as 
modified. As such, no additional costs were included in the Addendum 
for this project.
    (23) Comment: One commenter stated that the designation of critical 
habitat in Units F and G would require hundreds of Kapaakea subdivision 
future beneficiaries to conduct an environmental assessment and section 
7 consultation in order to construct their home and prepare ground for 
farming. The commenter further noted that Department of Hawaiian 
Homeland's homesteading program uses Federal programs to guarantee and 
insure the mortgages of homesteaders, and Federal funds may be used to 
construct site improvements and homes.
    Our Response: The economic analysis focused primarily on the 
``reasonably foreseeable'' projects, land uses, and activities that 
could affect the physical and biological features of the proposed 
critical habitat units as these are the activities that could be 
affected by the critical habitat designation. As previously discussed, 
``Reasonably foreseeable'' projects, land uses, and activities were 
defined in the DEA as those which are: (1) Currently authorized, 
permitted, or funded; (2) proposed in plans currently available to the 
public; or (3) projected or likely to occur within the next 10 years 
based on (a) recent economic or land-use trends, development patterns, 
evolving technologies, competitive advantages, etc., and (b) limits 
imposed by land-use controls, access, terrain, infrastructure, and 
other restrictions on development. The economic analysis did not 
discuss future development within Kapaakea because none of the 
information available indicated that new residential development or new 
agricultural activity was likely within the next 10 years; thus, these 
activities were not considered ``reasonably foreseeable.''
    Units F and G have been modified, and as a result, the total amount 
of DHHL land within critical habitat has been reduced by two-thirds, 
from approximately 1,350 ha (3,336 ac) to 425 ha (1,049 ac). The DHHL 
land remaining in critical habitat is located mauka (towards the 
mountains) and eastward of the existing Kapaakea Homestead, and most is 
adjacent to the Molokai Forest Reserve. There are no publicly available 
plans for development of this area within the next 10 years, nor has 
DHHL indicated that development of this area within the next 10 years 
is likely. Thus, no section 7 costs for residential development by 
Native Hawaiian beneficiaries in Units F and G subdivision were 
included in the Addendum.
    (24) Comment: One commenter stated that Molokai hunters were 
concerned about the potential loss of hunting areas and questioned 
whether or not fences to exclude ungulates will be constructed, and, if 
so, where construction will take place. Another commenter questioned 
why a cost was associated with project modifications to the management 
of game hunting on State managed lands, because Molokai does not have 
any State hunting areas that are managed to maintain or enhance game 
mammal populations. The commenter also questioned the methodology used 
to estimate the project modification cost because game mammals travel 
freely.
    Our Response: Chapter VI, Section 3.a. of the DEA discussed the 
direct impacts of section 7 implementation on hunting taking place on 
DLNR lands on Molokai. The analysis estimated future project 
modifications associated with game mammal management by extrapolating 
from historical consultation records. These records indicate that DLNR 
generally installs fencing around bird watering stations as a project 
modification stemming from consultations with the Service. As a result, 
the analysis assumed that fencing would continue to occur around 
watering stations in the future.
    The DEA goes on to estimate an increase in the number of watering 
stations to be fenced under the assumption that the proposed habitat 
area would extend beyond the area historically considered in 
consultations with the Service on the listed plants. The DEA presents a 
cost estimate of $17,600 to $148,000. However, public comment suggested 
that consultations already do address areas both occupied and 
unoccupied by the listed plants because ungulates are assumed to roam 
freely across the island. As such, there would likely not be an 
increase in the number of watering stations fenced. Adopting this new 
assumption, and also incorporating the intended reductions in the 
designation as indicated by the Service, the Addendum revised the 
estimate to a range of $4,400 to $37,000. This conclusion is based on 
discussions with DLNR, other stakeholders familiar with the issue, and 
decades of public testimony by hunters.
    (25) Comment: One commenter requested that its lands not be 
designated as critical habitat due to the following reasons: (1) Land 
values

[[Page 13011]]

would be detrimentally affected; (2) designation may conflict with 
existing operations of an economically vital surface water collection 
system that is maintained in Kaunakakai ahupuaa and Kawela Forest 
Reserve lands; and (3) lands proposed for designation on the west end 
of the ranch are used for grazing and recreation.
    Our Response: As modified, the designated acreage of land owned by 
Molokai Ranch is approximately 226 ha (558 ac) (reduced for biological 
reasons from the 1,080 ha (2,670 ac) proposed for designation). 
Approximately 77 ha (190 ac) are located near the northern coastline on 
the west side of Molokai, in a remote area. Most of the 77 ha (190 ac) 
are in the Agricultural District, but a portion of the land along the 
coastline is within the Conservation District. The remaining 149 ha 
(367 ac) are located in the Conservation District within the Molokai 
Forest Reserve.
    Chapter VI, Section 4.g. of the DEA discussed the potential 
indirect impact that the designation of critical habitat could have on 
property values. The DEA noted that the worst-case scenario--and one 
that is not expected over the long term because uncertainties about the 
implications of the designation are likely to dissipate over time--
would be a perception among potential buyers that the land should be 
valued as if it were subject to the same restrictions as land in the 
Conservation District. The DEA also states that land values on Molokai 
could drop between $1,000 per acre for remote agricultural land to 
$75,000 per acre for land suitable for development as a result of 
redistricting to the Conservation District. The commenter did not 
provide alternative numbers.
    Thus, an estimate of the potential impact on Molokai Ranch's land 
values is as follows: The 149 ha (367 ac) are not likely to lose value 
due to critical habitat designation because of their presence within 
the Conservation District. While the total decrease in value for the 
approximately 77 ha (190 ac) in the Agricultural District could range 
from $190,000 to $14.2 million, any loss in value due to redistricting 
is more likely to be on the lower end of the range due to the remote 
location and distance from infrastructure of these 77 ha (190 ac).
    No costs are expected to occur from impacts to the existing water 
collection system because none of the designated species are stream-
dependent for their survival and therefore would not cause a reduction 
in water diversion. In addition, water infrastructure is considered a 
manmade feature and therefore its operation and maintenance are not 
considered critical habitat, as these features and structures normally 
do not contain, and are not likely to develop, any primary constituent 
elements.
    No costs are expected to occur from impacts to designated lands on 
the west end of the ranch that are used for grazing and recreation. As 
noted in Chapter III of the DEA, the Service does not have jurisdiction 
under section 7 to consult on activities occurring on non-Federal lands 
when the activities are not federally funded, authorized, or carried 
out. Because there is no known Federal involvement in the grazing and 
recreational activities identified by the commenter, no costs are 
anticipated to occur as a result of critical habitat designation.
    (26) Comment: One commenter stated that because unemployment is so 
high on Molokai, restrictions on subsistence activities, such as 
hunting and fishing, may cause a much greater economic impact than is 
suggested in the DEA.
    Our Response: Chapter VI, Section 4.d. of the DEA discussed the 
economic impact critical habitat designation may have on subsistence 
activities. The designation of critical habitat by itself will not 
directly impact subsistence activities, as critical habitat designation 
does not require: (1) Creating any reserve, refuge, or wilderness 
areas; (2) fencing for any reason; (3) removing ungulates; or (4) 
closing areas to hunters or gatherers. Instead, it requires only that 
if the State or a private landowner seeks to undertake an activity that 
may affect the designated area using Federal funding or with a Federal 
permit, the Federal Action agency consult with the Service.
    However, the DEA recognized that there is some risk that 
designation of critical habitat could have an indirect impact on 
subsistence activities if, as a result of a future lawsuit, a court 
mandated actions that reduce the ability of individuals to practice 
subsistence activities in these areas. However, the probability of a 
lawsuit being filed, the likelihood of its success, and the role of 
critical habitat in the suit are unknown. In addition, the DEA 
recognized the possibility that the State or private landowners could 
adopt a policy of restricting access into areas that overlap critical 
habitat units without a judicial mandate. The likelihood of voluntary 
landowner restrictions is also unknown. Based on professional judgment, 
however, the probability of a complete restriction of subsistence 
activities within critical habitat as a result of lawsuits or voluntary 
action was deemed unlikely.
    The DEA was unable to quantify this indirect impact because of (1) 
The lack of information on the amount of the subsistence harvest; (2) 
the lack of information on the proportion of the subsistence harvest 
derived from areas within versus outside of critical habitat; and (3) 
the lack of information on the cultural significance of the subsistence 
activities conducted within critical habitat. Thus, the DEA concluded 
that while there could be a significant loss associated with the 
restriction of subsistence activities within the proposed critical 
habitat, the probability of subsistence activities actually being 
restricted within the proposed critical habitat was undetermined but 
generally unlikely.
    (27) Comment: One commenter notes that a Federal nexus exists for 
the nonpoint source water discharge program. This commenter was 
concerned that if water discharge into critical habitat does not meet 
water quality standards, a permit could be denied. The commenter 
suggested that the effect on agriculture may be devastating since some 
runoff from agricultural activities is unavoidable.
    Our Response: The State Department of Health Polluted Runoff 
Control Program and the State Office of Planning, Coastal Zone 
Management Program, work together to address nonpoint source pollution 
through outreach and education and programs that utilize incentives. 
Under the Coastal Zone Act Reauthorization Amendments, Section 6217, 
the State is required to meet various conditions for approval of the 
State's Coastal Nonpoint Pollution Control Program by the U.S. 
Environmental Protection Agency. To meet these conditions, the State 
Department of Health is developing administrative rules to create 
State-wide enforceable policies and mechanisms to address nonpoint 
source pollution. These draft rules are currently the subject of public 
informational meetings. Public comments and suggestions received during 
these meetings will be considered before final rules are drafted and 
proposed to the Governor.
    At the present time, there is no permit requirement for nonpoint 
source pollution. Moreover, the proposed rules regarding nonpoint 
source pollution make no reference to critical habitat. The proposed 
rules simply provide a general prohibition on nonpoint source pollution 
and allow for exemption of violation under certain conditions (for 
example, if best management practices are utilized). The probability 
that these rules will be adopted without significant changes is 
impossible to

[[Page 13012]]

determine, as the recent elections resulted in an administration change 
and the new Governor's position on the issue of non-point source water 
pollution is not yet known. Moreover, at this point, critical habitat 
does not appear to play any role in the proposed rules. Thus, the 
possible economic impact, if any, caused by the interplay of nonpoint 
source pollution requirements and the designation of critical habitat 
is entirely speculative and unable to be estimated.
    (28) Comment: One comment stated that the DEA fails to consider 
economic impacts of critical habitat that result through interaction 
with State law, specifically Hawaii's Land Use Law. Critical habitat 
could result in downzoning under State law. HRS Sec. 205-2(e) states 
that Conservation Districts shall include areas necessary for 
conserving endangered species. HRS Sec.195D-5.1 states that the DLNR 
shall initiate amendments in order to include the habitat of rare 
species. Even if the DLNR does not act, the State Land Use Commission 
may initiate such changes, or they may be forced by citizen suits. 
Areas for endangered species may be placed in the Protective Subzone 
with the most severe restrictions. While existing uses can be 
grandfathered in, downzoning will prevent landowners from being able to 
shift uses in the future, reduce market value, and make the land 
unmortgageable. Additionally, forced redistricting from Agricultural to 
Conservation could increase real property taxes even while driving down 
the real value of the property.
    Our Response: Both the DEA and this Addendum attempt to quantify 
the potential impacts from downzoning. As indicated earlier in this 
Addendum, the Service has indicated that it plans to remove most of the 
land in the Agricultural District from the final critical habitat 
designation. The intended modification would result in the inclusion of 
about 2,608 acres of Agricultural lands in the revised designation. 
Limited grazing takes place in these Agricultural lands. As discussed 
in section 5.c. of the Addendum, assuming Agricultural land in reserves 
would not lose value and assuming relatively low land values due to the 
remoteness of the Agricultural lands designated, reduction in land 
values due to redistricting land within the intended critical habitat 
designation from Agricultural to Conservation District could approach 
$715,000. As discussed in section 5.c. of the Addendum, redistricting 
these lands to the Conservation District is not likely to interfere 
with the use of the land or significantly reduce its economic value. 
The remaining privately owned land (715 acres) is considered remote 
Agricultural land. Therefore, utilizing the value from the lower end of 
the range, an estimate of the total drop in property value should 
redistricitng of all privately owned Agricultural land occur would be 
$715,000 (715 x $1,000). Under this scenario, even if a landowner has 
no plans to sell the land, the loss in land value could reduce 
potential mortgage financing. However, the likelihood of redistricting 
is not reasonably certain.
    (29) Comment: One comment stated that the DEA fails to consider 
economic impacts of listing and critical habitat that result through 
interaction with State law, specifically Hawaii's Endangered Species 
Act. New Mexico Cattlegrowers Association v. U.S. Fish and Wildlife 
Service requires consideration of the impact of listing as well as the 
impact of designating an area as critical habitat. Instead, the 
analysis is expressly limited to the impact of Federal agency 
consultation under the jeopardy standard. However, since Federal 
listing triggers listing under State law, the Service must consider the 
impact of take prohibitions under State law (and consequently Federal 
law which prohibits destruction of plants in knowing violation of State 
law).
    Our Response: The economic analysis considers the economic impacts 
of section 7 consultations related to critical habitat even if they are 
attributable co-extensively to the listed status of the species. In 
addition, the economic analysis examines any indirect costs of critical 
habitat designation such as where critical habitat triggers the 
applicability of a State or local statute. However, where it is the 
listing of a species that prompts action at the State or local level, 
the impacts are not attributable to critical habitat designation and 
are not appropriately considered in the economic analysis of critical 
habitat designation. Take prohibitions under Hawaii law are purely 
attributable to a listing decision and do not co-extensively occur 
because of critical habitat designations. There are no take 
prohibitions associated with critical habitat.
    (30) Comment: A commenter stated that the DEA fails to consider 
economic impacts of critical habitat that result through interaction 
with State law, specifically Hawaii's Environmental Impact Statement 
Law. HRS Sec. 343-5 applies to any use of conservation land, and a full 
Environmental Impact Statement is required if any of the significance 
criteria listed in HAR Sec. 11-200-12 apply. One of these criteria is 
that an action is significant if it ``substantially affects a rare, 
threatened or endangered species or its habitat.'' This will result in 
costly procedural requirements and delays. However, the DEA does not 
acknowledge that any impact on endangered species habitat will be 
deemed to be ``significant.'' Multiple commenters also stated the 
following: The DEA fails to evaluate the practical effect that critical 
habitat designation will have on development. Special Management Area 
permits administered by Maui County, as required by Hawaii's Coastal 
Zone Management Act, will be harder to get, will result in delays, will 
cause a decline in property values, and may make it impossible to 
develop.
    Another commenter stated that the Service has taken the position in 
other States that it has a right to intervene in local land-use 
proceedings if they affect endangered species on private property. The 
commenter provided the example of the Service's petition to the local 
zoning board in Arizona to postpone approval of a rezoning petition 
pending a survey to determine the extent to which an endangered plant 
was present on the property, even though no Federal approval was being 
sought. The commenter concluded that the failure of the Service to 
address these activities in the DEA is a fundamental error of the 
analysis.
    Our Response: Adverse impacts on development, including delays for 
additional studies and agency reviews, increased costs for 
environmental studies, increased risk of project denials, increased 
risk of costly mitigation measures, increased risk of litigation over 
approvals, etc., are not expected since there are no known development 
plans within the areas proposed for designation, as modified. 
Furthermore, the following factors make future development projects in 
areas designated as critical habitat highly unlikely: (1) As modified, 
approximately 89 percent of critical habitat is in the Conservation 
District where development is already limited; (2) the approximately 11 
percent of critical habitat in the Agricultural District is in arid 
areas or areas lined with gulches or steep cliffs that generally 
support limited, if any, grazing; (3) there are no known plans for 
development within the proposed critical habitat as modified; and (4) 
as modified, most of the land being designated as critical habitat in 
the Special Management Area is also within the Conservation District, 
where development is severely limited. In general, the Service does not 
intervene in local land use decisions, except to provide information on 
potential effects

[[Page 13013]]

to threatened or endangered species or trust resources, when asked to 
do so.
    (31) Comment: A commenter stated that the DEA fails to consider 
economic impacts of critical habitat that result through interaction 
with State law, specifically the State Water Code. HRS Sec. 174C-2 
states that ``adequate provision shall be made for protection of fish 
and wildlife.'' HRS Sec. 174C-71 instructs the Commission of Water 
Resource Management to establish an instream use protection program to 
protect fish and wildlife. Since landowners may depend on water pumped 
from other watersheds, these effects can be far-reaching. It is 
impossible to tell from the descriptions in the proposal whether any 
water diversions will have to be reduced as a result of listing and 
critical habitat designation. The Service has an obligation to 
thoroughly investigate this issue and refrain from designating critical 
habitat until it has determined whether its actions will affect water 
use and balance this against any benefit to the species. Another 
commenter stated that if the critical habitat proposal would require 
reducing water diversions from any stream, the Service should 
investigate whether that would take anyone's vested water rights.
    Our Response: No costs are expected to occur from such impacts to 
water systems, because none of the 41 species are stream-dependent for 
their survival and therefore would not cause a reduction in water 
diversion. In addition, water infrastructure is considered a manmade 
feature and therefore its operation and maintenance are not subject to 
the critical habitat provisions of section 7, because these features 
and structures normally do not contain, and are not likely to develop, 
any primary constituent elements.
    (32) Comment: One commenter stated that the DEA fails to discuss 
economic impacts that may occur if opponents of water diversions use 
critical habitat designations to delay and confuse water use decisions 
on the grounds that any water diversion upstream of critical habitat 
may increase an endangered plant's risk of extinction. Furthermore, the 
burden of proof that diversions will not cause extinction will be 
placed on those diverting water. Proof will be difficult because so 
little is known about the needs of these species.
    Our Response: Chapter VI, Section 3.g.(1) of the DEA states that it 
is highly unlikely that a new ditch system or major expansion to an 
existing one (including new diversions) would be proposed or approved 
in the proposed critical habitat. This assessment is made due to the 
existing protections provided by the baseline environmental 
regulations, current environmental and cultural concerns, current 
economic and financial constraints, probable public opposition to 
stream diversions, and difficulties in obtaining permits.
    (33) Comment: One commenter stated that the cost of potential 
citizen lawsuits preventing certain activities or requiring some sort 
of management in critical habitat was not discussed in the DEA. Another 
commenter stated that critical habitat designation will bring 
unnecessary and costly litigation. One commenter stated that the 
proposed critical habitat could entail considerable cost to both the 
State and private landowners. One commenter stated that critical 
habitat designation could indirectly result in limitations or special 
management requirements (such as fencing or control of invasive 
species) being established on private lands. The commenter pointed out 
that the DEA estimates that the Palila court decision may be 
interpreted to mandate private conservation and therefore the proposed 
critical habitat designation could cost Molokai landowners $840,000 to 
$2,240,000 per year, or $8.4 million to $22.4 million over 10 years. 
However, Table VI-3 of the DEA dismisses these costs as minor and does 
not add them to the total cost estimate. The commenter suggested that 
these costs be considered.
    Our Response: The Act does not obligate landowners to manage their 
land to protect critical habitat, nor would landowners and managers be 
obligated under the Act to participate in projects to recover a species 
for which critical habitat has been established. However, Chapter VI, 
Section 4.c. of the DEA does discuss the potential mandate for 
conservation management pursuant to litigation and the resulting costs 
for the proposed designation on Molokai. Specifically, adverse impacts 
on development, including delays for additional studies and agency 
reviews, increased costs for environmental studies, increased risk of 
project denials, increased risk of costly mitigation measures, 
increased risk of litigation over approvals, etc., are not expected 
since there are no known development plans within the proposed 
designation, as modified. Furthermore, the following factors make 
future development projects in the designated critical habitat highly 
unlikely: (1) As modified, approximately 89 percent of the proposed 
critical habitat is in the Conservation District where development is 
already limited; (2) the approximately 11 percent of the proposed 
critical habitat in the Agricultural District are in arid areas or 
areas lined with gulches or steep cliffs that generally host only 
limited, if any, grazing; (3) there are no known plans for development 
within the proposed critical habitat as modified; and (4) as modified, 
most of the land being designated as critical habitat in the Special 
Management Area is also within the Conservation District. While it is 
conceivable that there may initially be an increase in subsequent 
lawsuits related to the critical habitat designation, it is not 
possible to predict their number, degree of complexity, or any other 
associated effect due to scant historical evidence for the 41 plant 
species.
    (34) Comment: Several commenters stated that the cost of potential 
citizen suits preventing certain activities or requiring some sort of 
management in critical habitat was not discussed in the DEA. Litigation 
regarding land management requirements is not only foreseeable, but is 
likely. Critical habitat designation will bring unnecessary and costly 
litigation, thus creating an economic disaster that would severely 
challenge one private landowner's economic viability. Another commenter 
also stated that even if litigation is unrealistic, expectations of 
litigation alone can lower property values.
    Our Response: As discussed in the DEA and in the Addendum, an 
undetermined probability exists that a Federal or State court could 
mandate certain indirect impacts as a result of critical habitat. While 
the economic analysis did not assess the legal merits of the arguments 
for or against the various indirect impacts, the DEA and the Addendum 
present the worst-case scenario of the costs associated with the 
potential outcomes of third-party lawsuits whenever possible. For 
example, for the sake of illustration, the DEA and Addendum assume a 
worst-case scenario whereupon mountainous areas (approximately 95 
percent of the designated area) are subject to required conservation 
management. While the illustrative cost of such a scenario is estimated 
to be $695,000 to $1.85 million per year, the probability of such a 
conservation mandate is unclear due to the inability to predict whether 
a suit would be filed, its likelihood of success, or the extent of its 
coverage if successful. The Service believes the likelihood of the 
worst case scenario occurring is extremely low, and has not occurred in 
areas designated as critical habitat in Hawaii.
    (35) Comment: One commenter stated that the Service did not 
adequately address the takings of private property as a result of 
designating critical habitat for the Molokai plant species. In

[[Page 13014]]

addition, if the proposed designation of critical habitat precipitates 
conversion of agricultural lands to conservation land that has no 
economically beneficial use, then the Federal and State governments 
will have taken private property. Additionally, the landowner may incur 
the cost of litigation against the government to make it pay just 
compensation.
    Our Response: The possible costs associated with redistricting land 
were discussed in the DEA under indirect costs. Since the publication 
of the DEA, we have removed most of the land in the Agricultural 
District from the final critical habitat designation. As noted above, 
redistricting the remaining parcels to the Conservation District is not 
likely to significant reduce the value of the land because: (1) Any 
areas that have been historically grazed are likely to be put in a 
subzone that will allow grazing (i.e., not the Protective Subzone); and 
(2) the economic use of the land is already constrained by topography, 
remote location, and other existing restrictions.
    (36) Comment: One commenter stated that precise mapping of manmade 
objects is needed and that the estimate of the time to investigate the 
implications of critical habitat is too low given the size of the 
proposed designated areas, the vagueness of the regulations concerning 
these unmapped holes, and the real costs of obtaining all necessary 
approvals for a development project in Hawaii. Another commenter 
questioned whether the indirect cost of investigating the implications 
of critical habitat should be considered a ``sunk'' cost of the 
critical habitat designation process rather than a potential future 
cost of a final designation.
    Our Response: To address these concerns, the Addendum revisited the 
hour estimates presented in the DEA. Chapter VI, Section 4.f. of the 
DEA indicated that the landowner may want to learn how the designation 
may affect: (1) The use of his land (either through restrictions or new 
obligations); and (2) the value of his land. Since the commenters did 
not provide an estimate of time or cost incurred in order to 
investigate implications of critical habitat, the Addendum 
conservatively doubled the estimate of hours spent by the landowner 
and/or his attorneys or professional staff on investigating the issues. 
Using these new assumptions, the analysis estimated that total section 
7 costs range from $73,500 to $218,500, all of which are attributable 
to critical habitat.
    While some landowners may expend time and money to investigate the 
implications of critical habitat on their land during the designation 
process, many landowners may not do so until after final designation is 
complete. Thus, the DEA and the Addendum treated these costs as a cost 
attributable to the final designation and nondesignation.
    (37) Comment: One commenter stated that the DEA lacks a thorough 
benefits analysis. The commenter maintained that the DEA does not 
include the benefits of watershed protection and improvement, 
protection of other stream and riparian biota, and the value of the 
designated plant species as an indicator of ecological health. Other 
multiple commenters stated that the DEA ignored the benefit of keeping 
other native species off the endangered species list, of maintaining 
water quality and quantity, of promoting ground water recharge, and of 
preventing siltation of the marine environment, thus protecting coral 
reefs. Another commenter noted that additional benefits of critical 
habitat include combating global warming, providing recreational 
opportunities, attracting ecotourism, and preserving Hawaii's natural 
heritage. The commenter also noted that the Service must use the tools 
available, such as the University of Hawaii (UH) Secretariat for 
Conservation Biology study that estimated the value of ecosystem 
services, to determine the benefits of critical habitat. Another 
commenter stated that the DEA overestimates economic benefits and many 
of the alleged benefits are entirely speculative, unquantifiable or 
lack any commercial value.
    Our Response: There is little disagreement in the published 
economic literature that real social welfare benefits can result from 
the conservation and recovery of endangered and threatened species 
(Bishop 1978, 1980; Brookshire and Eubanks 1983; Boyle and Bishop 1986; 
Hageman 1985; Samples et al. 1986; Stoll and Johnson 1984). Such 
benefits have also been ascribed to preservation of open space and 
biodiversity (see examples in Pearce and Moran (1994) and Fausold and 
Lilieholm (1999)), both of which are associated with species 
conservation.
    Chapter VI, Section 6.c. of the DEA and Section 6 of the Addendum 
discuss the potential benefits addressed in the above comments. 
However, the DEA and Addendum also indicate that these benefits are not 
quantified due to lack of information available on: (1) Quantified data 
on the value of the 41 species; and (2) quantified data on the change 
in the quality of the ecosystem and the species as a result of the 
designation (for example, how many fewer ungulates will roam into the 
critical habitat, how many fewer invasive plants will be introduced as 
a result, and therefore how many more individuals of the 41 species 
will be present in the area).
    Although the UH study does value ecosystem services, it has limited 
applicability for valuing the benefits of the proposed critical habitat 
designation for the 41 species for a number of reasons. First, the UH 
study had a different purpose, which was to estimate the total value of 
environmental benefits provided by the entire Koolau Mountains on the 
island of Oahu versus the value of the more limited benefits provided 
by the proposed critical habitat for the 41 species on the island of 
Molokai. Consistent with its purpose, the UH study provides no 
estimates of the changes in environmental conditions resulting from 
changes in land and stream management due to critical habitat 
designation.
    Furthermore, many of the assumptions and much of the analysis in 
the UH study are not transferable to the economic analysis of critical 
habitat for the 41 species. For example, the value of water recharge in 
the UH study reflects projected water supply and demand conditions on 
Oahu, an island which is more than twice the size of Molokai but has a 
population more than 115 times that of Molokai. Also, the UH benefit 
analysis of reducing soil runoff is unique to three valleys that drain 
through partially channelized streams in urban areas into the manmade 
Ala Wai Canal. Since this canal was designed with inadequate flushing 
from stream or ocean currents, it functions as an unintended settling 
basin and so must be dredged periodically. In addition, the 
recreational and ecotourism values provided in the UH study apply to 
areas that are accessible to most hikers, which is not the case with 
most of the critical habitat for the 41 species. Most of the Molokai 
critical habitat units are in mountainous areas with steep slopes and 
difficult access or on coastal cliffs. Perhaps more importantly, a 
critical habitat designation provides no guarantee of public use of or 
access to the property. It therefore is not clear to what extent a 
study which derived values from expectations of public use would be 
applicable to critical habitat designations.
    (38) Comment: One commenter stated that although agricultural 
production areas are excluded from the proposed critical habitat units, 
agricultural resources appear to be included, particularly the source 
for the Molokai Irrigation System in Waikolu Valley.

[[Page 13015]]

The commenter requested assurance that long term improvements to the 
irrigation system will not be precluded by critical habitat 
designation.
    Our Response: Chapter VI, Section 3.g. of the DEA and Section 4.g. 
of the Addendum address impacts of the proposed critical habitat 
designation on the Molokai Irrigation System. The economic analysis 
indicates that the lack of any current plant for new improvements, 
coupled with the difficulty of obtaining funding, completing impact 
studies, and securing permits were new improvements to be envisioned, 
makes it extremely unlikely that any new water improvements will be 
proposed or approved within the next 10 years. In addition, this final 
rule, existing man-made features and structures within the critical 
habitat units, including but not limited to aqueducts and other water 
system features such as diversions, flumes, pumping stations, 
irrigation ditches, pipelines, siphons, tunnels, water tanks, gaging 
stations, intakes, and wells do not contain the primary constituent 
elements essential for the conservation of each species and, therefore, 
are not included in the critical habitat designations.
    Even if new projects were proposed, a number of circumstances must 
occur before there would be any direct impact of section 7 on water 
improvement proposals. Chapter III of the DEA noted that section 
7(a)(2) of the Act requires Federal agencies to consult with us to 
ensure that activities they fund, authorize, permit, or carry out do 
not result in destruction or adverse modification of critical habitat. 
Further, the DEA noted that we do not have jurisdiction under section 7 
to consult on activities occurring on non-Federal lands when the 
activities are not federally funded, authorized, or carried out. Thus, 
because the Molokai Irrigation System is not located on Federal land, 
critical habitat designation will have no direct impact on any long-
term improvements constructed by the State unless the improvements 
involve Federal funding or require Federal permits. In addition, even 
if Federal funding or permitting is identified and a consultation is 
initiated, no direct impacts will result unless the Service (1) finds 
that the activity may jeopardize the continued existence of a listed 
species and/or destroy or adversely modify the critical habitat; and 
(2) can identify reasonable and prudent alternatives that will keep the 
action below the thresholds of jeopardy and/or adverse modification.
    Thus, long-term improvements to the Molokai Irrigation System will 
not be precluded by critical habitat designation, but under a worst-
case scenario, long-term improvements to the Molokai Irrigation System 
may involve the development of reasonable and prudent alternatives to 
prevent adverse modification of the critical habitat.
    (39) Comment: One commenter stated that the designation of critical 
habitat in unoccupied areas may effectively extinguish the potential 
for intensive or extensive agricultural use or irrigation water 
resource development.
    Our Response: As noted above, Chapter III of the DEA noted that 
section 7(a)(2) of the Act requires Federal agencies to consult with 
the Service to ensure that activities they fund, authorize, permit, or 
carry out do not result in destruction or adverse modification of 
critical habitat. Further, the DEA noted that the Service does not have 
jurisdiction under section 7 to consult on activities occurring on non-
Federal lands when the activities are not federally funded, authorized, 
or carried out.
    As a result, future intensive or extensive agricultural use or 
irrigation water resource development in unoccupied areas of designated 
critical habitat will not be subject to section 7 consultation unless 
it involves Federal funding or requires Federal permits.
    The involvement of Federal funding and/or Federal permits will not 
extinguish the potential for intensive or extensive agricultural use or 
irrigation water resource development. Instead, the Federal agency with 
the nexus to the activity initiates consultation with the Service. The 
consultation between the Federal Action agency and the Service may 
involve informal consultation, formal consultation in the case of 
adverse impacts, or both. If during informal consultation the Federal 
Action agency determines that its action (as originally proposed or 
revised and taking into account direct and indirect effects) ``is not 
likely to adversely affect'' listed species or critical habitat (e.g., 
the effects are beneficial, insignificant or discountable), and the 
Service agrees with that determination, then the Service provides 
concurrence in writing, and no further consultation is required.
    If, however, the proposed action, as revised during informal 
consultation, is still likely to adversely affect listed species or 
critical habitat, the Action agency must request in writing initiation 
of formal consultation with the Service. If the Service finds, in its 
biological opinion, that a proposed action is not likely to jeopardize 
the continued existence of a listed species, or destroy or adversely 
modify the critical habitat, even though the action may adversely 
affect listed species or critical habitat, then the action likely can 
be carried out without violating section 7(a)(2) of the Act.
    On the other hand, if the Service finds that a proposed action is 
likely to jeopardize the continued existence of a listed species and/or 
destroy or adversely modify the critical habitat, then the Service 
provides the Action agency with reasonable and prudent alternatives 
that will keep the action below the thresholds of jeopardy and/or 
adverse modification, if any can be identified. The Service works with 
Action agencies and Applicants in developing reasonable and prudent 
alternatives. A reasonable and prudent alternative is one that: (1) Can 
be implemented in a manner consistent with the intended purpose of the 
action; (2) can be implemented consistent with the scope of the Action 
agency's legal authority and jurisdiction; and (3) is economically and 
technologically feasible. The Service will, in most cases, defer to the 
Action agency's expertise and judgment as to the feasibility of an 
alternative. Reasonable and prudent alternatives can vary from slight 
project modifications to extensive redesign or relocation of a project. 
Costs associated with implementing reasonable and prudent alternatives 
vary accordingly.
    In summary, the potential for intensive or extensive agricultural 
use or irrigation water resource development will not be extinguished 
as a direct result of critical habitat designation. Rather, and only if 
Federal funding or Federal permits are involved, the Federal Action 
agency will consult with the Service to determine if the activity ``is 
likely to adversely affect'' the critical habitat. In the worst case, 
the proposed agricultural use or irrigation water development may 
involve the development of reasonable and prudent alternatives to 
prevent adverse modification of the critical habitat.
    Chapter VI, Section 4.e. of the DEA and Section 5.c. of the 
Addendum discuss the indirect impacts resulting from the redistricting 
of private land in the Agricultural District into the Conservation 
District. The DEA noted that under a worst-case scenario, areas 
designated as critical habitat could be placed in the Protective 
Subzone with the most severe restrictions, which could prevent a new 
agricultural use or interfere with irrigation water development. As 
indicated in the Addendum, the likelihood of mandated redistricting is 
undetermined, but is expected to be small. The assessment of the 
probabilities of certain indirect impacts in the DEA is based on State

[[Page 13016]]

and local laws and regulations; discussions with State and local 
officials, landowners, and lawyers; and professional judgment. As 
discussed in the Addendum, the total drop in property value should 
redistricting of all privately owned Agricultural land occur is 
estimated at $715,000.

Summary of Changes From the Revised Proposed Rule

    Based on a review of public comments received on the proposed 
determinations of critical habitat, we have reevaluated our proposed 
designations and included several changes to the final designations of 
critical habitat. These changes include the following:
    (1) We published 88 single species critical habitat units for 41 
plant species on Molokai.
    (2) The scientific names were changed for the following associated 
species found in the ``Supplementary Information: Discussion of the 
Plant Taxa'' section: Chenopodium oahuensis changed to Chenopodium 
oahuense in the discussions of Schiedea sarmentosa; Cocculus trilobus 
changed to Cocculus orbiculatus in the discussion of Brighamia rockii; 
Elephantopus spicatus changed to Pseudoelephantopus spicatus in the 
discussion of Peucedanum sandwicense; Jacquemontia sandwicensis changed 
to Jacquemontia ovalifolia ssp. sandwicensis in the discussion of 
Sesbania tomentosa; Lipochaeta integrifolia changed to Melanthera 
integrifolia in the discussion of Centaurium sebaeoides, Peucedanum 
sandwicense, Sesbania tomentosa, and Tetramolopium rockii; Mariscus 
phleoides changed to Cyperus phleoides in the discussions of Brighamia 
rockii and Centaurium sebaeoides; Phymatosorus scolopendria changed to 
Phymatosorus grossus in the discussions of Brighamia rockii; Pluchea 
symphytifolia changed to Pluchea carolinensis in the discussions of 
Brighamia rockii; Psychotria hexandra changed to Psychotria spp. in the 
discussions of Adenophorus periens; Styphelia tameiameiae changed to 
Leptecophylla tameiameiae in the discussions of Adenophorus periens, 
Bidens wiebkei, Canavalia molokaiensis, Diellia erecta, Isodendrion 
pyrifolium, Neraudia sericea, Platanthera holochila, Pritchardia 
munroi, Schiedea lydgatei, Schiedea sarmentosa, Silene alexandri, 
Silene lanceolata, Spermolepis hawaiiensis, Stenogyne bifida, Vigna o-
wahuensis, and Zanthoxylum hawaiiense; Tetramolopium cassia changed to 
Tetramolopium spp. in the discussion of Brighamia rockii; and Viola 
robusta changed to Viola chamissoniana ssp. robusta in the discussion 
of Adenophorus periens.
    (3) In order to avoid confusion regarding the number of location 
occurrences for each species (that do not necessarily represent viable 
populations) and the number of recovery populations (e.g., 8 to 10 with 
100, 300, or 500 reproducing individuals) we changed the word 
``population'' to ``occurrence'' and updated the number of occurrences 
for the following species found in the SUPPLEMENTARY INFORMATION: 
Discussion of the Plant Taxa section and ``Table 2.--Summary of 
existing occurrences on Molokai, and landownership for 51 species 
reported from Molokai'': Alectryon macrococcus, changed from three 
populations to six occurrences; Bidens wiebkei, changed from three 
populations to five occurrences; Brighamia rockii, changed from four 
populations to five occurrences; Canavalia molokaiensis, changed from 
five populations to seven occurrences; Centaurium sebaeoides, changed 
from five populations to two occurrences; Clermontia oblongifolia ssp. 
brevipes, changed from three populations to five occurrences; Cyanea 
mannii, changed from three populations to eight occurrences; Cyanea 
procera, changed from two populations to five occurrences; Diellia 
erecta, changed from three populations to four occurrences; Hibiscus 
arnottianus ssp. immaculatus, changed from two populations to three 
occurrences; Lysimachia maxima, changed from two populations to one 
occurrence; Peucedanum sandwicense, changed from four populations to 
five occurrences; Schiedea sarmentosa, changed from two populations to 
five occurrences; Sesbania tomentosa, changed from six populations to 
nine occurrences; Tetramolopium rockii, changed from three populations 
to four occurrences; and Zanthoxylum hawaiiense, changed from two 
populations to four occurrences.
    (4) We updated the number of individuals for the following species 
found in the SUPPLEMENTARY INFORMATION: Discussion of the Plant Taxa 
section: Schiedea lydgatei and Schiedea sarmentosa changed to greater 
than 1,000; Stenogyne bifida changed to less than 13; Cyanea grimesiana 
ssp. grimesiana changed to less than 7; Hesperomannia arborescens and 
Melicope mucronulata changed to 3; and Sesbania tomentosa changed to 
over 2,000.
    (5) We revised the list of excluded, manmade features in the 
Criteria Used to Identify Critical Habitat and section 17.99 to include 
additional features based on information received during the public 
comment periods.
    (6) We made revisions to the unit boundaries based on information 
supplied by commenters, as well as information gained from field visits 
to some of the sites, that indicated that the primary constituent 
elements were not present in certain portions of the proposed unit, 
that certain changes in land use had occurred on lands within the 
proposed critical habitat that would preclude those areas from 
supporting the primary constituent elements, or that the areas were not 
essential to the conservation of the species in question.
    (7) As discussed in detail in the ``Analysis of Impacts Under 
Section 4(b)(2),'' we have determined that the benefits of excluding 
TNCH's Molokai preserves as critical habitat outweigh the benefits of 
including them as critical habitat for Bidens wiebkei, Canavalia 
molokaiensis, Centaurium sebaeoides, Clermontia oblongifolia ssp. 
brevipes, Cyanea mannii, Cyanea procera, Hedyotis mannii, Labordia 
triflora, Lysimachia maxima, Mariscus fauriei, Melicope mucronulata, 
Phyllostegia mannii, Phyllostegia mollis, Platanthera holochila, 
Schiedea sarmentosa, Silene alexandrii, Stenogyne bifida, Tetramolopium 
rockii, and Vigna o-wahuense.
    (8) In accordance with the revisions described in (5), we revised 
sections 17.12 Endangered and threatened plants and 17.99 Sec.  17.99 
Critical habitat; plants on the islands of Kauai, Niihau, and Molokai, 
HI, as appropriate.
    A brief summary of the modifications made to each unit is given 
below (see also Figure 1).

[[Page 13017]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.000

BILLING CODE 4310-55-C

Molokai A1

    This unit was proposed as critical habitat for three species: 
Centaurium sebaeoides, Marsilea villosa, and Tetramolopium rockii. We 
excluded the proposed critical habitat for Centaurium sebaeoides, a 
multi-island species. This area is not essential for the conservation 
of Centaurium sebaeoides because it lacks one or more of the primary 
constituent elements, has a lower proportion of associated native 
species than other areas we consider to be essential to the 
conservation of Centaurium sebaeoides, and is not currently managed for 
conservation of this species. In addition, there are at least 10 other 
locations that have been identified to meet the recovery goal of 8 to 
10 populations throughout its historical range on Molokai and other 
islands. Habitat also exists on Molokai for Centaurium sebaeoides 
within Moomomi Preserve. The area designated as critical habitat for 
Tetramolopium rockii provides habitat within its historical range for 
one population.
    This modification resulted in the reduction from 472 ha (1,167 ac) 
to 68 ha (167 ac). This unit was renamed Molokai 1--Tetramolopium 
rockii--a.
    In the April 5, 2002, revised proposal, we stated that there was 
critical habitat for Marsilea villosa within Molokai A1. Upon further 
inspection, we discovered that the actual areas that contain the 
suitable habitat for this species were inadvertently left out of the 
proposed unit Molokai A1. We are unable at this time to publish 
proposed critical habitat for Marsilea villosa in this final rule. 
Critical habitat is proposed for this species on the island of Oahu. We 
plan to publish a proposed rule to designate critical habitat for 
Marsilea villosa on Molokai subsequent to publication of this final 
rule for 41 plants on Molokai.

Molokai A2

    This unit was proposed as critical habitat for three species: 
Centaurium sebaeoides, Sesbania tomentosa, and Tetramolopium rockii. 
This area is not essential for the conservation of Centaurium 
sebaeoides because it lacks one or more of the primary constituent 
elements, has a lower proportion of associated native species than 
other areas we consider to be essential to the conservation of 
Centaurium sebaeoides, and is not currently managed for conservation of 
this species. In addition, there are at least 10 other locations that 
have been identified to meet the recovery goal of 8 to 10 populations 
throughout the historical range on Molokai and other islands. Habitat 
also exists on Molokai for Centaurium sebaeoides within Moomomi 
Preserve. The areas designated as critical habitat for Tetramolopium 
rockii and Sesbania tomentosa provides habitat within their historical 
range for one population of each species.
    This modification resulted in the reduction from 1,532 ha (3,786 
ac) to 131 ha (325 ac). This unit was renamed Molokai 2--Sesbania 
tomentosa--a and Molokai 2--Tetramolopium rockii--b.

Molokai B1

    This unit was proposed as critical habitat for 18 species: 
Adenophorus periens, Brighamia rockii, Centaurium sebaeoides, 
Clermontia oblongifolia ssp. brevipes, Cyanea dunbarii, Cyanea 
grimesiana ssp. grimesiana, Cyanea

[[Page 13018]]

procera, Hedyotis mannii, Hibiscus arnottianus ssp. immaculatus, 
Ischaemum byrone, Lysimachia maxima, Peucedanum sandwicense, 
Phyllostegia mannii, Plantago princeps, Platanthera holochila, Schiedea 
nuttallii, Stenogyne bifida, and Tetramolopium rockii. Modifications 
were made to this unit to exclude areas not essential to the 
conservation of Centaurium sebaeoides, Cyanea grimesiana ssp. 
grimesiana, and Peucedanum sandwicense, all multi-island species. Areas 
proposed for these three species were excluded because we have proposed 
adequate habitat elsewhere on Molokai and on other islands within their 
historical ranges.
    We excluded the proposed critical habitat for Hedyotis mannii, 
Ischaemum byrone, Plantago princeps, and Platanthera holochila, all 
multi-island species. This area is not essential to the conservation of 
these four species because it lacks one or more of the primary 
constituent elements, has a lower proportion of associated native 
species than other areas we consider to be essential to the 
conservation of these four species, and is not currently managed for 
the conservation of these species. In addition, there are at least 
eight other locations that have been identified to meet the recovery 
goal of 8 to 10 populations throughout their historical ranges on other 
islands. There is habitat designated elsewhere on Molokai for Ischaemum 
byrone and Plantago princeps. Habitat exists on Molokai for Hedyotis 
mannii and Platanthera holochila within Pelekunu Preserve.
    We excluded the proposed critical habitat for Stenogyne bifida, an 
island-endemic species. This area is not essential for the conservation 
of Stenogyne bifida because it lacks one or more of the primary 
constituent elements, has a lower proportion of associated native 
species than other areas we consider to be essential to the 
conservation of Stenogyne bifida, and is not currently managed for 
conservation of this species. In addition, there are at least 10 other 
locations that have been identified to meet the recovery goal of 8 to 
10 populations throughout its historical range on Molokai. In addition, 
habitat for Stenogyne bifida exists within Kamakou and Pelekunu 
Preserves.
    The area designated as critical habitat for the following island-
endemic species provides habitat within their historical ranges for one 
population each of Hibiscus arnottianus ssp. immaculatus and 
Tetramolopium rockii, two populations of Clermontia oblongifolia ssp. 
brevipes, three populations of Cyanea procera, six populations of 
Lysimachia maxima, and seven populations of Cyanea dunbarii.
    The area designated as critical habitat for the following multi-
island species provides habitat within their historical ranges for one 
population each of Adenophorus periens, Brighamia rockii, Centaurium 
sebaeoides, Peucedanum sandwicense, and Schiedea nuttallii, and two 
populations of Phyllostegia mannii.
    These modifications resulted in the reduction from 2,179 ha (5,384 
ac) to 909 ha (2,246 ac). This unit was renamed Molokai 3--Centaurium 
sebaeoides--a, Molokai 3--Tetramolopium rockii--c, Molokai 4--Brighamia 
rockii--a, Molokai 4--Hibiscus arnottianus ssp. immaculatus--a, Molokai 
6--Adenophorus periens--a, Molokai 6--Brighamia rockii--c, Molokai 6--
Clermontia oblongifolia ssp. brevipes--a, Molokai 6--Cyanea dunbarii--
a, Molokai 6--Cyanea procera--a, Molokai 6--Hibiscus arnottianus ssp. 
immaculatus--b, Molokai 6--Lysimachia maxima--a, Molokai 6--Lysimachia 
maxima--b, Molokai 6--Peucedanum sandwicense--b, Molokai 6--
Phyllostegia mannii--a, and Molokai 6--Schiedea nuttallii--a.

Molokai B2

    This unit was proposed as critical habitat for four species: 
Brighamia rockii, Ischaemum byrone, Peucedanum sandwicense, and 
Tetramolopium rockii. We excluded the proposed critical habitat for 
Ischaemum byrone, a multi-island species. This area is not essential 
for the conservation of Ischaemum byrone because it lacks one or more 
of the primary constituent elements, has a lower proportion of 
associated native species than other areas we consider to be essential 
to the conservation of Ischaemum byrone, and is not currently managed 
for conservation of this species. There are also at least 10 other 
locations that have been identified to meet the recovery goal of 8 to 
10 populations throughout its historical range on Molokai and other 
islands. The area designated as critical habitat for the island-endemic 
species Tetramolopium rockii provides habitat within its historical 
range for one population. The area designated as critical habitat for 
the multi-island species Brighamia rockii and Peucedanum sandwicense 
provides habitat within their historical ranges for one population of 
each species.
    This modification resulted in a reduction from 20 ha (50 ac) to 4 
ha (10 ac). This unit was renamed Molokai 5--Brighamia rockii--b, 
Molokai 5--Peucedanum sandwicense--a, and Molokai 5--Tetramolopium 
rockii--d.

Molokai C

    This unit was proposed as critical habitat for 14 species: 
Adenophorus periens, Brighamia rockii, Centaurium sebaeoides, 
Clermontia oblongifolia ssp. brevipes, Cyanea grimesiana ssp. 
grimesiana, Diplazium molokaiense, Hesperomannia arborescens, Hibiscus 
arnottianus ssp. immaculatus, Ischaemum byrone, Lysimachia maxima, 
Melicope reflexa, Peucedanum sandwicense, Phyllostegia mannii, and 
Pteris lidgatei. Modifications were made to this unit to exclude areas 
not essential to the conservation of Ischaemum byrone and Peucedanum 
sandwicense, both multi-island species. Areas proposed for these two 
species were excluded because we have proposed adequate habitat 
elsewhere on Molokai and on other islands within their historical 
ranges. We excluded the proposed critical habitat for Centaurium 
sebaeoides, a multi-island species. This area is not essential for the 
conservation of Centaurium sebaeoides because it lacks one or more of 
the primary constituent elements, has a lower proportion of associated 
native species than other areas we consider to be essential to the 
conservation of Centaurium sebaeoides, and is not currently managed for 
conservation of this species. There are also at least 10 other 
locations that have been identified to meet the recovery goal of 8 to 
10 populations throughout its historical range on Molokai and other 
islands. Habitat also exists on Molokai for Centaurium sebaeoides 
within Moomomi Preserve.
    The area designated as critical habitat for the following island-
endemic species provides habitat within their historical ranges for 
three populations of Lysimachia maxima, four to five populations of 
Hibiscus arnottianus ssp. immaculatus, five to six populations of 
Clermintia oblongifolia ssp. brevipes, and eight populations of 
Melicope reflexa.
    The area designated as critical habitat for the following multi-
island species provides habitat within their historical ranges for one 
population each of Diplazium molokaiense and Peucedanum sandwicense: 
two populations each of Cyanea grimesiana ssp. grimesiana, 
Hesperomannia arborescens, and Ischaemum byrone; three populations each 
of Adenophorus periens, Brighamia rockii, and Pteris lydgatei; and five 
populations of Phyllostegia mannii.
    These modifications resulted in the reduction from 4,507 ha (11,138 
ac) to

[[Page 13019]]

4,423 ha (10,930 ac). This unit was renamed Molokai 6--Adenophorus 
periens--b, Molokai 6--Adenophorus periens--c, Molokai 6--Brighamia 
rockii--d, Molokai 6--Brighamia rockii--e, Molokai 6--Clermontia 
oblongifolia ssp. brevipes--b, Molokai 6--Clermontia oblongifolia ssp. 
brevipes--c, Molokai 6--Cyanea grimesiana ssp. grimesiana--a, Molokai 
6--Diplazium molokaiense--a, Molokai 6--Hesperomannia arborescens--a, 
Molokai 6--Hesperomannia arborescens--b, Molokai 6--Hibiscus 
arnottianus ssp. immaculatus--c, Molokai 6--Hibiscus arnottianus ssp. 
immaculatus--d, Molokai 6--Ischaemum byrone--a, Molokai 6--Ischaemum 
byrone--b, Molokai 6--Lysimachia maxima--c, Molokai 6--Melicope 
reflexa--a, Molokai 6--Melicope reflexa--b, Molokai 6--Peucedanum 
sandwicense--c, Molokai 6--Phyllostegia mannii--b, Molokai 6--
Phyllostegia mannii--c, and Molokai 6--Pteris lidgatei--a.

Molokai D

    This unit was proposed as critical habitat for four species: Bidens 
wiebkei, Centaurium sebaeoides, Ischaemum byrone, and Peucedanum 
sandwicense. We excluded the proposed critical habitat for Centaurium 
sebaeoides, Ischaemum byrone, and Peucedanum sandwicense, all multi-
island species. This area is not essential for the conservation of 
Centaurium sebaeoides, Ischaemum byrone, and Peucedanum sandwicense 
because it lacks one or more of the primary constituent elements, has a 
lower proportion of associated native species than other areas we 
consider to be essential to the conservation of these species, is not 
currently managed for conservation of this species. In addition, there 
are at least 10 other locations that have been identified to meet the 
recovery goal of 8 to 10 populations throughout their historical ranges 
on Molokai and other islands. Habitat also exists on Molokai for 
Centaurium sebaeoides within Moomomi Preserve. The area designated as 
critical habitat for the island-endemic species, Bidens wiebkei, 
provides habitat within its historical range for two populations.
    These modifications resulted in the reduction from 466 ha (1,153 
ac) to 240 ha (593 ac). This unit was renamed Molokai 7--Bidens 
wiebkei--b.

Molokai E1

    This unit was proposed as critical habitat for one species: Bidens 
wiebkei. Modifications were made to this unit to exclude areas not 
essential to the conservation of Bidens wiebkei, an island-endemic, 
because we have designated adequate habitat elsewhere on Molokai within 
its historical range. Habitat also exists within Pelekunu and Kamakou 
preserves. The area designated as critical habitat for Bidens wiebkei 
provides habitat within its historical range for two populations.
    These modifications resulted in the reduction from 127 ha (315 ac) 
to 124 ha (305 ac). This unit was renamed Molokai 8--Bidens wiebkei--c.

Molokai E2

    This unit was proposed as critical habitat for one species: Bidens 
wiebkei. This unit was excluded from critical habitat because the area 
is not essential to the conservation of this species. The area is 
highly degraded. This area is not essential for the conservation of 
Bidens wiebkei because it lacks one or more of the primary constituent 
elements, has a lower proportion of associated native species than 
other areas we consider to be essential to the conservation of Bidens 
wiebkei, and is not currently managed for conservation of this species. 
In addition, there are at least 8 other locations that have been 
identified to meet the recovery goal of 8 to 10 populations throughout 
its historical range on Molokai. Habitat also exists on Molokai for 
Bidens wiebkei within Kamakou and Pelekunu preserves. This modification 
resulted in the complete removal of this unit (332 ha (821 ac)) from 
the final designation.

Molokai F

    This unit was proposed as critical habitat for 34 species: 
Adenophorus periens, Alectryon macrococcus, Bidens wiebkei, Canavalia 
molokaiensis, Clermontia oblongifolia ssp. brevipes, Ctenitis 
squamigera, Cyanea dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea 
mannii, Cyanea procera, Diellia erecta, Eugenia koolauensis, Flueggea 
neowawraea, Hedyotis mannii, Labordia triflora, Lysimachia maxima, 
Mariscus fauriei, Melicope mucronulata, Melicope reflexa, Neraudia 
sericea, Phyllostegia mannii, Phyllostegia mollis, Platanthera 
holochila, Plantago princeps, Schiedea lydgatei, Schiedea nuttallii, 
Schiedea sarmentosa, Sesbania tomentosa, Silene alexandri, Silene 
lanceolata, Spermolepis hawaiiensis, Stenogyne bifida, Vigna o-
wahuensis, and Zanthoxylum hawaiiense. Modifications were made to this 
unit to exclude areas not essential to the conservation of Alectryon 
macrococcus, Diellia erecta, Flueggea neowawraea, Mariscus fauriei, 
Melicope mucronulata, Neraudia sericea, Plantago princeps, and 
Spermolepis hawaiiensis, all multi-island species. Areas proposed for 
these eight species were excluded because we have designated more 
adequate and more appropriate habitat elsewhere on Molokai and on other 
islands within their historical ranges. Habitat also exists on Molokai 
for Mariscus fauriei and Melicope mucronulata within Pelekunu Preserve. 
Modifications were also made to this unit to exclude areas not 
essential to the conservation of Canavalia molokaiensis, Cyanea 
dunbarii, Cyanea mannii, Cyanea procera, Schiedea lydgatei, Schiedea 
sarmentosa, Silene alexandri, and Stenogyne bifida, all island-endemic 
species. Areas proposed for these eight species were excluded because 
we have designated adequate and more appropriate habitat elsewhere on 
Molokai within their historical ranges. Habitat also exists on Molokai 
for Canavalia molokaiensis, Cyanea mannii, Cyanea procera, Schiedea 
sarmentosa, Silene alexandri, and Stenogyne bifida within Kamakou 
Preserve. We excluded the proposed critical habitat for Cyanea 
grimesiana ssp. grimesiana, a multi-island species. This area is not 
essential for the conservation of Cyanea grimesiana ssp. grimesiana 
because it lacks one or more of the primary constituent elements, has a 
lower proportion of associated native species than other areas we 
consider to be essential to the conservation of Cyanea grimesiana ssp. 
grimesiana, and is not currently managed for conservation of this 
species. There are also at least 10 other locations that have been 
identified to meet the recovery goal of 8 to 10 populations throughout 
its historical range on Molokai and other islands. We excluded the 
proposed critical habitat for Hedyotis mannii, Phyllostegia mollis, 
Platanthera holochila, and Vigna o-wahuensis, all multi-island species. 
This area is not essential for the conservation of these four species 
because it lacks one or more of the primary constituent elements, has a 
lower proportion of associated native species than other areas we 
consider to be essential to the conservation of these four species, and 
is not currently managed for conservation of these species. In 
addition, there are at least 10 other locations that have been 
identified to meet the recovery goal of 8 to 10 populations per species 
throughout their historical ranges on other islands. Habitat also 
exists on Molokai for all four of these species within Pelekunu 
Preserve.
    The area designated as critical habitat for the following island-
endemic species provides habitat within their historical

[[Page 13020]]

ranges for one population of Bidens wiebkei; 3 populations each of 
Clermontia oblongifolia ssp. brevipes and Stenogyne bifida; 5 
populations of Canavalia molokaiense and Cyanea mannii; 6 populations 
of Cyanea procera, Lysimachia maxima, and Melicope reflexa; 7 
populations of Schiedea sarmentosa and Silene alexandrii; 8 populations 
of Labordia triflora; and 10 populations of Cyanea dunbarii and 
Schiedea lydgatei. The area designated as critical habitat for the 
following multi-island species provides habitat within their historical 
ranges for one population each of Adenophorus periens, Alectryon 
macrococcus, Ctenitis squamigera, Diellia erecta, Fluggea neowawraea, 
Plantago princeps, Schiedea nuttallii, Spermolepis hawaiiensis, and 
Zanthoxylum hawaiiense; two populations of Eugenia koolauensis, 
Phyllostegia mannii, and Silene lanceolata; four populations of 
Mariscus fauriei and Melicope mucronulata; and six populations of 
Neraudia sericea.
    These modifications resulted in the reduction from 4,956 ha (12,247 
ac) to 3,819 ha (9,436 ac). This unit was renamed Molokai 6--
Adenophorus periens--b, Molokai 6--Alectryon macrococcus--a, Molokai 
6--Bidens wiebkei--a, Molokai 6--Canavalia molokaiensis--a, Molokai 6--
Canavalia molokaiensis--b, Molokai 6--Canavalia molokaiensis--c, 
Molokai 6--Clermontia oblongifolia ssp. brevipes--b, Molokai 6--
Ctenitis squamigera--a, Molokai 6--Cyanea dunbarii--a, Molokai 6--
Cyanea dunbarii--b, Molokai 6--Cyanea dunbarii--c, Molokai 6--Cyanea 
mannii--a, Molokai 6--Cyanea mannii--b, Molokai 6--Cyanea mannii--c, 
Molokai 6--Cyanea mannii--d, Molokai 6--Cyanea mannii--e, Molokai 6--
Cyanea procera--a, Molokai 6--Cyanea procera--b, Molokai 6--Diellia 
erecta--a, Molokai 6--Eugenia koolauensis--a, Molokai 6--Flueggea 
neowawraea--a, Molokai 6--Labordia triflora--a, Molokai 6--Labordia 
triflora--b, Molokai 6--Labordia triflora--c, Molokai 6--Labordia 
triflora--d, Molokai 6--Lysimachia maxima--a, Molokai 6--Lysimachia 
maxima--b, Molokai 6--Mariscus fauriei--a, Molokai 6--Mariscus 
fauriei--b, Molokai 6--Melicope mucronulata--a, Molokai 6--Melicope 
mucronulata--b, Molokai 6--Melicope mucronulata--c, Molokai 6--Melicope 
mucronulata--d, Molokai 6--Melicope mucronulata--e, Molokai 6--Melicope 
reflexa--b, Molokai 6--Neraudia sericea--a, Molokai 6--Phyllostegia 
mannii--b, Molokai 6--Plantago princeps--a, Molokai 6--Schiedea 
lydgatei--a, Molokai 6--Schiedea lydgatei--b, Molokai 6--Schiedea 
nuttallii--b, Molokai 6--Schiedea sarmentosa--a, Molokai 6--Schiedea 
sarmentosa--b, Molokai 6--Silene alexandri--a, Molokai 6--Silene 
alexandri--b, Molokai 6--Silene lanceolata--a, Molokai 6--Spermolepis 
hawaiiensis--a, Molokai 6--Stenogyne bifida--a, and Molokai 6--
Zanthoxylum hawaiiense--a.

Molokai G

    This unit was proposed as critical habitat for four species: 
Hibiscus brackenridgei, Isodendrion pyrifolium, Mariscus fauriei, and 
Sesbania tomentosa. Modifications were made to this unit to exclude 
areas not essential to the conservation of these multi-island species. 
Areas proposed for these four species were excluded because we have 
designated adequate habitat elsewhere on Molokai and on other islands 
within their historical ranges. Habitat exists for Mariscus fauriei 
within Pelekunu Preserve. The area designated as critical habitat for 
these four multi-island species provides habitat within their 
historical ranges for one population each of Hibiscus brackenridgei, 
Isodendrion pyrifolium, and Sesbania tomentosa, and three populations 
of Mariscus fauriei.
    These modifications resulted in the reduction from 3,023 ha (7,471 
ac) to 130 ha (321 ac). This unit was renamed Molokai 9--Isodendrion 
pyrifolium--a, Molokai 9--Hibiscus brackenridgei--a, Molokai 6--
Mariscus fauriei--b, Molokai 9--Sesbania tomentosa--b.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) the 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management considerations 
or protection; and, (ii) specific areas outside the geographic area 
occupied by a species at the time it is listed, upon a determination 
that such areas are essential for the conservation of the species. 
``Conservation,'' as defined by the Act, means the use of all methods 
and procedures that are necessary to bring an endangered or threatened 
species to the point at which listing under the Act is no longer 
necessary.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that Federal agencies ensure that any action 
they authorize, fund, or carry out is not likely to result in the 
destruction or adverse modification of critical habitat. Section 7 also 
requires conferences with us on Federal actions that are likely to 
result in the destruction or adverse modification of proposed critical 
habitat. In our regulations at 50 CFR 402.02, we define destruction or 
adverse modification as, ``* * * a direct or indirect alteration that 
appreciably diminishes the value of critical habitat for both the 
survival and recovery of a listed species. Such alterations include, 
but are not limited to, alterations adversely modifying any of those 
physical or biological features that were the basis for determining the 
habitat to be critical.''
    The relationship between a species' survival and its recovery has 
been a source of confusion to some in the past. We believe that a 
species' ability to recover depends on its ability to survive into the 
future when it is recovery can be achieved; thus, the concepts of long-
term survival and recovery are linked. However, in the March 15, 2001, 
decision of the United States Court of Appeals for the Fifth Circuit 
(Sierra Club v. Fish and Wildlife Service et al., 245 F.3d 434) 
regarding a not prudent finding, the Court found our definition of 
destruction or adverse modification as currently contained in 50 CFR 
402.02 to be invalid. In response to this decision, we are reviewing 
the regulatory definition of adverse modification in relation to the 
conservation of the species. Nevertheless, because consultation under 
section 7 of the Act does not apply to activities on private or other 
non-Federal lands that do not involve a Federal nexus, critical habitat 
designation would not result in any regulatory requirements for these 
actions.
    In order to be included in a critical habitat designation, the 
habitat must first contain physical and biological features to be 
``essential to the conservation of the species.'' Critical habitat 
designations identify, to the extent known, using the best scientific 
and commercial data available, habitat areas that provide essential 
lifecycle needs of the species (i.e., areas on which are found the 
primary constituent elements, as defined at 50 CFR 424.12(b)).
    Section 4 requires that we designate critical habitat for a 
species, to the extent such habitat is determinable, at the time of 
listing. When we designate critical habitat at the time of listing or 
under short court-ordered deadlines, we may not have sufficient 
information to identify all the areas containing physical and 
biological features

[[Page 13021]]

essential for the conservation of the species. Nevertheless, we are 
required to designate those areas we know to be critical habitat, using 
the best information available to us.
    Within the geographic areas occupied by the species, we will 
designate only areas currently known to be essential. Essential areas 
should already have one or more of the features and habitat 
characteristics that are necessary to sustain the species. We will not 
speculate about what areas might be found to be essential if better 
information became available, or what areas may become essential over 
time. If the information available at the time of designation does not 
show that an area provides essential life cycle needs of the species, 
then the area should not be included in the critical habitat 
designation.
    Our regulations state that ``The Secretary shall designate as 
critical habitat areas outside the geographical area presently occupied 
by a species only when a designation limited to its present range would 
be inadequate to ensure the conservation of the species' (50 CFR 
424.12(e)). Accordingly, when the best available scientific and 
commercial data do not demonstrate that the conservation needs of the 
species require designation of critical habitat outside of occupied 
areas, we will not designate critical habitat in areas outside the 
geographic area occupied by the species.
    Our Policy on Information Standards Under the Endangered Species 
Act, published in the Federal Register on July 1, 1994 (59 FR 34271), 
provides criteria, establishes procedures, and provides guidance to 
ensure that our decisions represent the best scientific and commercial 
data available. It requires our biologists, to the extent consistent 
with the Act and with the use of the best scientific and commercial 
data available, to use primary and original sources of information as 
the basis for recommendations to designate critical habitat. When 
determining which areas are critical habitat, a primary source of 
information should be the listing package for the species. Additional 
information may be obtained from recovery plans, articles in peer-
reviewed journals, conservation plans developed by States and counties, 
scientific status surveys and studies, and biological assessments or 
other unpublished materials.
    Habitat is often dynamic, and populations may move from one area to 
another over time. We recognize that designation of critical habitat 
may not include all of the habitat areas that may eventually be 
determined to be necessary for the recovery of the species. For these 
reasons, all should understand that critical habitat designations do 
not signal that habitat outside the designation is unimportant or may 
not be required for recovery. Areas outside the critical habitat 
designation will continue to be subject to conservation actions that 
may be implemented under section 7(a)(1) of the Act and to the 
regulatory protections afforded by the Act's 7(a)(2) jeopardy standard 
and section 9 prohibitions, as determined on the basis of the best 
available information at the time of the action. We specifically 
anticipate that federally funded or assisted projects affecting listed 
species outside their designated critical habitat areas may still 
result in jeopardy findings in some cases. Similarly, critical habitat 
designations made on the basis of the best available information at the 
time of designation will not control the direction and substance of 
future recovery plans, habitat conservation plans, or other species 
conservation planning efforts if new information available to these 
planning efforts calls for a different outcome.

A. Prudency

    Designation of critical habitat is not prudent when the species is 
threatened by taking or other human activity, and identification of 
critical habitat can be expected to increase the degree of such threat 
to the species (50 CFR 424.12(a)(1)).
    Due to low numbers of individuals and/or populations and their 
inherent immobility, the 51 plants may be vulnerable to unrestricted 
collection, vandalism, or disturbance. We examined the evidence 
currently available for each of these taxa and found specific evidence 
of vandalism, disturbance, and/or the threat of unrestricted collection 
for one species of Pritchardia, the native palm, on Molokai. At the 
time of listing, we determined that designation of critical habitat was 
not prudent for Pritchardia munroi because it would increase the degree 
of threat from vandalism or collecting, and would provide no benefit 
(57 FR 46325). We received information on the commercial trade in palms 
conducted through the Internet (Grant Canterbury, USFWS, in litt. 
2000). Several nurseries advertise and sell seedlings and young plants, 
including 13 species of Hawaiian Pritchardia. Seven of these species 
are federally protected, including Pritchardia munroi. In light of this 
information, we believe that designation of critical habitat would 
likely increase the threat from vandalism or collection to this species 
of Pritchardia on Molokai. First, it is easy to identify, and second, 
it may be attractive to collectors of rare palms either for their 
personal use or to trade or sell for personal gain (Johnson 1996). We 
believe that the evidence shows that this species of palm may be 
attractive to such collectors. Although the final listing rule and 
proposed critical habitat do not list vandalism or overcollection as a 
threats, in light of documented vandalism and overcollection events on 
species in the same genus on Kauai, we believe that Pritchardia munroi 
is vulnerable to the same types of threats because of the similarity in 
appearance of the species.
    In addition, we believe that designation would not provide 
significant benefits that would outweigh these increased risks. First, 
Pritchardia munroi does not occur on Federal land. It is in a remote 
location, not accessible to standard vehicles. It is, therefore, 
unlikely that the land on which it is found will be developed. Since 
there does not appear to be any actions in the future that would 
involve a Federal agency, designation of critical habitat would not 
provide any additional protection to the species that it does not 
already have through listing alone. If however in the future any 
Federal involvement did occur, such as through the permitting process 
or funding by the U.S. Department of Agriculture, the U.S. Department 
of Interior, the Corps through section 404 of the Clean Water Act, the 
U.S. Federal Department of Housing and Urban Development or the Federal 
Highway Administration, the actions would be subject to consultation 
under section 7 of the Act.
    We acknowledge that critical habitat designation, in some 
situations, provides additional value to the species, (e.g., by 
identifying areas important for conservation and calling attention to 
those areas in need of special protection). However, for this species, 
we believe that the benefits of designating critical habitat do not 
outweigh the potential increased threats from vandalism or collection. 
Given all of the above considerations, we determine that designation of 
critical habitat for Pritchardia munroi is not prudent.
    We made final prudent findings for the following 29 multi-island 
species in other published final critical habitat rules: Adenophorus 
periens, Alectryon macrococcus, Bonamia menziesii, Brighamia rockii, 
Centaurium sebaeoides, Ctenitis squamigera, Cyanea grimesiana ssp. 
grimesiana, Cyperus trachysanthos, Diellia erecta, Diplazium 
molokaiense, Flueggea neowawraea,

[[Page 13022]]

Hedyotis mannii, Hesperomannia arborescens, Hibiscus brackenridgei, 
Ischaemum byrone, Isodendrion pyrifolium, Labordia triflora, Mariscus 
fauriei, Melicope munroi, Peucedanum sandwicense, Plantago princeps, 
Platanthera holochila, Schiedea nuttallii, Sesbania tomentosa, Silene 
lanceolata, Solanum incompletum, Spermolepis hawaiiensis, Vigna o-
wahuensis, and Zanthoxylum hawaiiense (64 FR 48307, 68 FR 1220, 68 FR 
9116)
    Three species no longer occur on Molokai but are reported from one 
or more other islands. To find whether critical habitat would be 
prudent for these three species, we analyzed the potential threats and 
benefits for each species in accordance with the court's orders. These 
three plants were listed as endangered species under the Act between 
1991 and 1996. At the time each plant was listed, we determined that 
designation of critical habitat was not prudent because designation 
would increase the degree of threat to the species and/or would not 
benefit the plant. We examined the evidence available for these three 
species and have not, at this time, found specific evidence of taking, 
vandalism, collection, or trade of these species or of similar species. 
Consequently, while we remain concerned that these activities could 
potentially threaten Eugenia koolauensis, Phyllostegia mollis, or 
Pteris lidgatei in the future, consistent with applicable regulations 
(50 CFR 424.12(a)(1)(i)) and the court's discussion of these 
regulations, we do not find that these species are currently threatened 
by taking or other human activity, which would be exacerbated by the 
designation of critical habitat. In the absence of finding that 
critical habitat would increase threats to a species, if there are any 
benefits to critical habitat designation, then a prudent finding is 
warranted. The potential benefits include: (1) Triggering section 7 
consultation in new areas where it would not otherwise occur because, 
for example, it is or has become unoccupied or the occupancy is in 
question; (2) focusing conservation activities on the most essential 
areas; (3) providing educational benefits to State or county 
governments or private entities; and (4) preventing people from causing 
inadvertent harm to the species. In the case of Eugenia koolauensis, 
Phyllostegia mollis, and Pteris lidgatei there would be some benefits 
to designating critical habitat. The primary regulatory effect of 
critical habitat is the section 7 requirement that Federal agencies 
refrain from taking any action that destroys or adversely modifies 
critical habitat. None of these three species are reported from Federal 
lands on Molokai where actions are subject to section 7 consultation. 
However, all three of these species are reported from Federal lands or 
lands that are administered by a Federal agency on Oahu (Eugenia 
koolauensis is reported from the United States Army's Kahuku Training 
Area; Phyllostegia mollis is reported from the United States Army's 
Schofield Barracks Military Reservation/Schofield Barracks East Range; 
and Pteris lidgatei is reported from the United States Army's Schofield 
Barracks Military Reservation/Schofield Barracks East Range and 
Kawailoa Training Area, as well as the Service's Oahu Forest National 
Wildlife Refuge). While a critical habitat designation for habitat 
currently occupied by Eugenia koolauensis, Phyllostegia mollis, and 
Pteris lidgatei would not likely change the section 7 consultation 
outcome there may be instances where section 7 consultation would be 
triggered only if critical habitat were designated. There may also be 
some educational or informational benefits to the designation of 
critical habitat. Educational benefits include the notification of 
landowner(s), land managers, and the general public of the importance 
of protecting the habitat of these species and dissemination of 
information regarding their essential habitat requirements. Therefore, 
we find that designating critical habitat is prudent for Eugenia 
koolauensis, Phyllostegia mollis, and Pteris lidgatei.
    We examined the evidence available for the other 18 taxa and have 
not, at this time, found specific evidence of taking, vandalism, 
collection, or trade of these taxa or of similar species. Consequently, 
while we remain concerned that these activities could potentially 
threaten these 18 plant species in the future, consistent with 
applicable regulations (50 CFR 424.12(a)(1)(i)) and the court's 
discussion of these regulations, we do not find that any of these 
species are currently threatened by taking or other human activity, 
which would be exacerbated by the designation of critical habitat.
    In the absence of finding that critical habitat would increase 
threats to a species a prudent finding is warranted. The potential 
benefits include: (1) Triggering section 7 consultation in new areas 
where it would not otherwise occur because, for example, it is or has 
become unoccupied; (2) focusing conservation activities; (3) providing 
educational benefits to State or county governments or private 
entities; and (4) preventing people from causing inadvertent harm to 
the species.
    In the case of these 18 species, there would be some benefits to 
critical habitat. The primary regulatory effect of critical habitat is 
the section 7 requirement that Federal agencies refrain from taking any 
action that destroys or adversely modifies critical habitat. One of 
these species is reported on or near Federal lands (see Table 2), where 
actions are subject to section 7 consultation. Although a majority of 
the species considered in this rule are located exclusively on non-
Federal lands with limited Federal activities, there could be Federal 
actions affecting these lands in the future. While a critical habitat 
designation for habitat currently occupied by these species would not 
likely change the section 7 consultation outcome, there may be 
instances where section 7 consultation would be triggered only if 
critical habitat were designated. There would also be some educational 
or informational benefits to the designation of critical habitat. 
Benefits of designation would include the notification of land owners, 
land managers, and the general public of the importance of protecting 
the habitat of these species and dissemination of information regarding 
their essential habitat requirements.
    Therefore, designation of critical habitat is prudent for these 18 
plant species: Bidens wiebkei, Canavalia molokaiensis, Clermontia 
oblongifolia ssp. brevipes, Cyanea dunbarii, Cyanea mannii, Cyanea 
procera, Hibiscus arnottianus ssp. immaculatus, Lysimachia maxima, 
Marsilea villosa, Melicope mucronulata, Melicope reflexa, Neraudia 
sericea, Phyllostegia mannii, Schiedea lydgatei, Schiedea sarmentosa, 
Silene alexandri, Stenogyne bifida, and Tetramolopium rockii.

B. Methods

    As required by the Act and regulations (section 4(b)(2) and 50 CFR 
424.12), we used the best scientific information available to determine 
areas that contain the physical and biological features that are 
essential for the conservation of Adenophorus periens, Alectryon 
macrococcus, Bidens wiebkei, Brighamia rockii, Canavalia molokaiensis, 
Centaurium sebaeoides, Clermontia oblongifolia ssp. brevipes, Ctenitis 
squamigera, Cyanea dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea 
mannii, Cyanea procera, Diellia erecta, Diplazium molokaiense, Eugenia 
koolauensis, Flueggea neowawraea, Hesperomannia arborescens, Hibiscus 
arnottianus ssp. immaculatus, Hibiscus brackenridgei, Ischaemum byrone,

[[Page 13023]]

Isodendrion pyrifolium, Labordia triflora, Lysimachia maxima, Mariscus 
fauriei, Melicope mucronulata, Melicope reflexa, Neraudia sericea, 
Peucedanum sandwicense, Phyllostegia mannii, Plantago princeps, Pteris 
lidgatei, Schiedea lydgatei, Schiedea nuttallii, Schiedea sarmentosa, 
Sesbania tomentosa, Silene alexandri, Silene lanceolata, Spermolepis 
hawaiiensis, Stenogyne bifida, Tetramolopium rockii, and Zanthoxylum 
hawaiiense. This information included the known locations: Site-
specific species information from the HINHP database and our own rare 
plant database; species information from the Center for Plant 
Conservation's (CPC's) rare plant monitoring database housed at the 
University of Hawaii's Lyon Arboretum; island-wide Geographic 
Information System (GIS) coverages (e.g., vegetation, soils, annual 
rainfall, elevation contours, landownership); the final listing rules 
for these 41 species; the December 29, 2000, proposal; the April 5, 
2002, revised proposal; information received during the public comment 
periods and public hearings; recent biological surveys and reports; our 
recovery plans for these species; information received from landowners, 
land managers, and interested parties on the island of Molokai; 
discussions with botanical experts; and recommendations from the Hawaii 
and Pacific Plant Recovery Coordinating Committee (HPPRCC) (see also 
the discussion below) (CPC in litt. 1999; GDSI 2000; HINHP Database 
2000; HPPRCC 1998; Service 1995, 1996a, 1996b, 1997, 1998a, 1998b, 
1999, 2001; 65 FR 83158; 67 FR 16492).
    In 1994, the HPPRCC initiated an effort to identify and map habitat 
it believed to be important for the recovery of 282 endangered and 
threatened Hawaiian plant species. The HPPRCC identified these areas on 
most of the islands in the Hawaiian chain, and in 1999, we published 
them in our Recovery Plan for the Multi-Island Plants (Service 1999). 
The HPPRCC expects there will be subsequent efforts to further refine 
the locations of important habitat areas and that new survey 
information or research may also lead to additional refinement of 
identifying and mapping of habitat important for the recovery of these 
species.
    The HPPRCC identified essential habitat areas for all listed, 
proposed, and candidate plants and evaluated species of concern to 
determine if essential habitat areas would provide for their habitat 
needs. However, the HPPRCC's mapping of habitat is distinct from the 
regulatory designation of critical habitat as defined by the Act. More 
data have been collected since the recommendations made by the HPPRCC 
in 1998. Much of the area that was identified by the HPPRCC as 
inadequately surveyed has now been surveyed to some degree. New 
location data for many species have been gathered. Also, the HPPRCC 
identified areas as essential based on species clusters (areas that 
included listed species, as well as candidate species and species of 
concern), while we have only delineated areas that are essential for 
the conservation of the specific listed species at issue. As a result, 
the critical habitat designations in this rule include not only some 
habitat that was identified as essential in the 1998 recommendations 
but also habitat that was not identified as essential in those 
recommendations.

C. Primary Constituent Elements

    In accordance with sections 3(5)(A)(i) and 4(b)(1)(A) of the Act 
and regulations at 50 CFR 424.12, in determining which areas to propose 
as critical habitat, we are required to base critical habitat 
determinations on the best scientific and commercial data available and 
to consider those physical and biological features (primary constituent 
elements) that are essential to the conservation of the species and 
that may require special management considerations or protection. These 
features include, but are not limited to: Space for individual and 
population growth, and for normal behavior; food, water, air, light, 
minerals, or other nutritional or physiological requirements; cover or 
shelter; sites for breeding, reproduction, rearing of offspring, 
germination, or seed dispersal; and habitats that are protected from 
disturbance or are representative of the historic geographical and 
ecological distributions of a species.
    Much of what is known about the specific physical and biological 
requirements of Adenophorus periens, Alectryon macrococcus, Bidens 
wiebkei, Brighamia rockii, Canavalia molokaiensis, Centaurium 
sebaeoides, Clermontia oblongifolia ssp. brevipes, Ctenitis squamigera, 
Cyanea dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea mannii, 
Cyanea procera, Diellia erecta, Diplazium molokaiense, Eugenia 
koolauensis, Flueggea neowawraea, Hesperomannia arborescens, Hibiscus 
arnottianus ssp. immaculatus, Hibiscus brackenridgei, Ischaemum byrone, 
Isodendrion pyrifolium, Labordia triflora, Lysimachia maxima, Mariscus 
fauriei, Melicope mucronulata, Melicope reflexa, Neraudia sericea, 
Peucedanum sandwicense, Phyllostegia mannii, Plantago princeps, Pteris 
lidgatei, Schiedea lydgatei, Schiedea nuttallii, Schiedea sarmentosa, 
Sesbania tomentosa, Silene alexandri, Silene lanceolata, Spermolepis 
hawaiiensis, Stenogyne bifida, Tetramolopium rockii, and Zanthoxylum 
hawaiiense is described in the ``Background'' section of this final 
rule. We are unable to identify these features for Bonamia menziesii, 
Cyperus trachysanthos, Melicope munroi, and Solanum incompletum, which 
no longer occur on the island of Molokai, because information on the 
physical and biological features (i.e., the primary constituent 
elements) that are considered essential to the conservation of these 
four species on Molokai is not known. Bonamia menziesii, Cyperus 
trachysanthos, and Melicope munroi were last reported on Molokai 
between 1910 and 1918. According to David Symon (1999), the known 
distribution of Solanum incompletum included Molokai, as well as Kauai, 
Lanai, Maui, and the island of Hawaii. It is unclear when Solanum 
incompletum was last reported on Molokai, as there are no collections 
of this species from Molokai in the HINHP Database or the Bishop Museum 
(Chris Puttock, Bishop Museum, pers comm, 2002). There is currently no 
information about the plant communities, associated native plant 
species, locales, and elevations of these four species on Molokai.
    All areas designated as critical habitat are within the historical 
range of the 41 species at issue and contain one or more of the 
physical or biological features (primary constituent elements) 
essential for the conservation of the species.
    As described in the discussions for each of the 41 species for 
which we are designating critical habitat, we are defining the primary 
constituent elements on the basis of the habitat features of the areas 
from which the plant species are reported, as described by the type of 
plant community (e.g., mesic Metrosideros polymorpha forest), 
associated native plant species, locale information (e.g., steep rocky 
cliffs, talus slopes, gulches, streambanks), and elevation. The habitat 
features provide the ecological components required by the plant. The 
type of plant community and associated native plant species indicate 
specific microclimate (localized climatic) conditions, retention and 
availability of water in the soil, soil microorganism community, and 
nutrient cycling and availability. The locale indicates information on 
soil type, elevation, rainfall regime, and temperature. Elevation 
indicates information on daily and seasonal

[[Page 13024]]

temperature and sun intensity. Therefore, the descriptions of the 
physical elements of the locations of each of these species, including 
habitat type, plant communities associated with the species, location, 
and elevation, as described in the SUPPLEMENTARY INFORMATION: 
Discussion of the Plant Taxa section above, constitute the primary 
constituent elements for these species on the island of Molokai.

D. Criteria Used to Identify Critical Habitat

    The lack of detailed scientific data on the life history of these 
plant species makes it impossible for us to develop a robust 
quantitative model (e.g., population viability analysis (National 
Research Council 1995)) to identify the optimal number, size, and 
location of critical habitat units to achieve recovery (Beissinger and 
Westphal 1998; Burgman et al. 2001; Ginzburg et al. 1990; Karieva and 
Wennergren 1995; Menges 1990; Murphy et al. 1990; Taylor 1995). At this 
time, and consistent with the listing of these species and their 
recovery plans, the best available information leads us to conclude 
that the current size and distribution of the extant populations are 
not sufficient to expect a reasonable probability of long-term survival 
and recovery of these plant species. Therefore, we used available 
information, including expert scientific opinion, to identify 
potentially suitable habitat within the known historic range of each 
species.
    We considered several factors in the selection and proposal of 
specific boundaries for critical habitat for these 41 species. For each 
of these species, the overall recovery strategy outlined in the 
approved recovery plans includes: (1) Stabilization of existing wild 
populations, (2) protection and management of habitat, (3) enhancement 
of existing small populations and reestablishment of new populations 
within historic range, and (4) research on species biology and ecology 
(Service 1995a, 1995b, 1996a, 1996b, 1996c, 1997, 1998a, 1998b, 1998c). 
Thus, the long-term recovery of these species is dependent upon the 
protection of existing population sites and potentially suitable 
unoccupied habitat within their historic range.
    The overall recovery goal stated in the recovery plans for each of 
these species includes the establishment of 8 to 10 populations with a 
minimum of 100 mature, reproducing individuals per population for long-
lived perennials; 300 mature, reproducing individuals per population 
for short-lived perennials; and 500 mature, reproducing individuals per 
population for annuals. There are some specific exceptions to this 
general recovery goal of 8 to 10 populations for species that are 
believed to be very narrowly distributed on a single island, and the 
proposed critical habitat designations reflect this exception for these 
species. For example, the recovery goals for Tetramolopium rockii are 
three populations, protected from all threats, with the total number of 
individuals sustained or exceeded in each population for five 
consecutive years (Service 1996a). To be considered recovered, the 
populations of a multi-island species should be distributed among the 
islands of its known historic range (Service 1995a, 1995b, 1996a, 
1996b, 1996c, 1997, 1998a, 1998b, 1998c). A population, for the 
purposes of this discussion and as defined in the recovery plans for 
these species, is a unit in which the individuals could be regularly 
cross-pollinated and influenced by same small-scale events (such as 
landslides), and which contains a minimum of 100, 300, or 500 mature, 
reproducing individuals, depending on whether the species is a long-
lived perennial, short-lived perennial, or annual.
    By adopting the specific recovery objectives enumerated above, the 
adverse effects of genetic inbreeding and random environmental events 
and catastrophes, such as landslides, hurricanes, or tsunamis, that 
could destroy a large percentage of a species at any one time may be 
reduced (Menges 1990; Podolsky 2001). These recovery objectives were 
initially developed by the HPPRCC and are found in all of the recovery 
plans for these species. While they are expected to be further refined 
as more information on the population biology of each species becomes 
available, the justification for these objectives is found in the 
current conservation biology literature addressing the conservation of 
rare and endangered plants and animals (Beissinger and Westphal 1998; 
Burgman et al. 2001; Falk et al. 1996; Ginzburg et al. 1990; Hendrix 
and Kyhl 2000; Karieva and Wennergren 1995; Luijten et al. 2000; Meffe 
and Carroll 1996; Menges 1990; Murphy et al. 1990; Podolsky 2001; 
Quintana-Ascencio and Menges 1996; Taylor 1995; Tear et al. 1995; Wolf 
and Harrison 2001). The overall goal of recovery in the short-term is a 
successful population that can carry on basic life-history processes, 
such as establishment, reproduction, and dispersal, at a level where 
the probability of extinction is low. In the long-term, the species and 
its populations should be at a reduced risk of extinction and be 
adaptable to environmental change through evolution and migration.
    Many aspects of species life history are typically considered to 
determine guidelines for species' interim stability and recovery, 
including longevity, breeding system, growth form, fecundity, ramet (a 
plant that is an independent member of a clone) production, 
survivorship, seed longevity, environmental variation, and successional 
stage of the habitat. Hawaiian species are poorly studied, and the only 
one of these characteristics that can be uniformly applied to all 
Hawaiian plant species is longevity (i.e., long-lived perennial, short-
lived perennial, and annual). In general, long-lived woody perennial 
species would be expected to be viable at population levels of 50 to 
250 individuals per population, while short-lived perennial species 
would be viable at population levels of 1,500 to 2,500 individuals or 
more per population. These population numbers were refined for Hawaiian 
plant species by the HPPRCC (1994) due to the restricted distribution 
of suitable habitat typical of Hawaiian plants and the likelihood of 
smaller genetic diversity of several species that evolved from a single 
introduction. For recovery of Hawaiian plants, the HPPRCC recommended a 
general recovery guideline of 100 mature, reproducing individuals per 
population for long-lived perennial species, 300 mature, reproducing 
individuals per population for short-lived perennial species, and 500 
mature, reproducing individuals per population for annual species.
    The HPPRCC also recommended the conservation and establishment of 8 
to 10 populations to address the numerous risks to the long-term 
survival and conservation of Hawaiian plant species. Although absent 
the detailed information inherent to the types of population 
variability analysis models described above (Burgman et al. 2001), this 
approach employs two widely recognized and scientifically accepted 
goals for promoting viable populations of listed species--(1) Creation 
or maintenance of multiple populations so that a single or series of 
catastrophic events cannot destroy the entire listed species (Luijten 
et al. 2000; Menges 1990; Quintana-Ascencio and Menges 1996); and (2) 
increasing the size of each population in the respective critical 
habitat units to a level where the threats of genetic, demographic, and 
normal environmental uncertainties are diminished (Hendrix and Kyhl 
2000; Luijten et al. 2000; Meffe and Carroll 1996; Podolsky 2001; 
Service 1997; Tear

[[Page 13025]]

et al. 1995; Wolf and Harrison 2001). In general, the larger the number 
of populations and the larger the size of each population, the lower 
the probability of extinction (Meffe and Carroll 1996; Raup 1991). This 
basic conservation principle of redundancy applies to Hawaiian plant 
species. By maintaining 8 to 10 viable populations in several critical 
habitat units, the threats represented by a fluctuating environment are 
alleviated, and the species has a greater likelihood of achieving long-
term survival and recovery. Conversely, loss of one or more of the 
plant populations within any critical habitat unit could result in an 
increase in the risk that the entire listed species may not survive and 
recover.
    Due to the reduced size of suitable habitat areas for these 
Hawaiian plant species, they are now more susceptible to the variations 
and weather fluctuations affecting quality and quantity of available 
habitat, as well as direct pressure from hundreds of species of 
nonnative plants and animals. Establishing and conserving 8 to 10 
viable populations on one or more islands within the historic range of 
the species will provide each species with a reasonable expectation of 
persistence and eventual recovery, even with the high potential that 
one or more of these populations will be eliminated by normal or random 
adverse events, such as the hurricanes that occurred in 1982 and 1992 
on Kauai, fires, and nonnative plant invasions (HPPRCC 1994; Luijten et 
al. 2000; Mangel and Tier 1994; Pimm et al. 1998; Stacey and Taper 
1992). We conclude that designation of adequate suitable habitat for 8 
to 10 populations as critical habitat is essential to give the species 
a reasonable likelihood of long-term survival and recovery, based on 
currently available information.
    In summary, the long-term survival and recovery of Hawaiian plant 
species requires the designation of critical habitat units on one or 
more of the Hawaiian islands with suitable habitat for 8 to 10 
populations of each plant species. Some of this habitat is currently 
not known to be occupied by these species. To recover the species, it 
will be necessary to conserve suitable habitat in these unoccupied 
units, which in turn will allow for the establishment of additional 
populations through natural recruitment or managed reintroductions. 
Establishment of these additional populations will increase the 
likelihood that the species will survive and recover in the face of 
normal and stochastic events (e.g., hurricanes, fire, and nonnative 
species introductions) (Mangel and Tier 1994; Pimm et al. 1998; Stacey 
and Taper 1992).
    In this rule, we have defined the primary constituent elements 
based on the general habitat features of the areas from which the 
plants are reported, such as the type of plant community, the 
associated native plant species, the physical location (e.g., steep 
rocky cliffs, talus slopes, stream banks), and elevation. The areas we 
are designating as critical habitat provide some or all of the habitat 
components essential for the conservation of the 41 plant species.
    Our approach to delineating critical habitat units was applied in 
the following manner:
    1. We proposed and will designate critical habitat on an island-by-
island basis for ease of understanding for landowners and the public, 
for ease of conducting the public hearing process, and for ease of 
conducting public outreach. In Hawaii, landowners and the public are 
most interested and affected by issues centered on the island on which 
they reside.
    2. We focused on designating units representative of the known 
current and historical geographic and elevational range of each 
species; and
    3. We designated critical habitat units to allow for expansion of 
existing wild populations and reestablishment of wild populations 
within the historic range, as recommended by the recovery plans for 
each species.
    The proposed critical habitat units were delineated by creating 
rough units for each species by screen digitizing polygons (map units) 
using ArcView (Environmental Systems Research Institute, Inc.), a 
computer GIS program. We created polygons by overlaying current and 
historic plant location points onto digital topographic maps of each of 
the islands.
    We then evaluated the resulting shape files (delineating historic 
elevational range and potentially, suitable habitat). We refined 
elevation ranges, and we avoided land areas identified as not suitable 
for a particular species (i.e., not containing the primary constituent 
elements). We then considered the resulting shape files for each 
species to define all suitable habitat on the island, including 
occupied and unoccupied habitat.
    We further evaluated these shape files of suitable habitat. We used 
several factors to delineate the proposed critical habitat units from 
these land areas. We reviewed the recovery objectives (as described 
above) and recovery plans for each of the species to determine if the 
number of populations and population size requirements needed for 
conservation would be available within the suitable habitat units 
identified as containing the appropriate primary constituent elements 
for each species. If more than the area needed for the number of 
recovery populations was identified as potentially suitable, only those 
areas within the least disturbed suitable habitat were designated as 
proposed critical habitat. A population for this purpose is defined as 
a discrete aggregation of individuals located a sufficient distance 
from a neighboring aggregation such that the two are not affected by 
the same small-scale events and are not believed to be consistently 
cross-pollinated. In the absence of more specific information 
indicating the appropriate distance to assure limited cross-
pollination, we are using a distance of 1,000 m (3,280 ft) based on our 
review of current literature on gene flow (Barret and Kohn 1991; 
Fenster and Dudash 1994; Havens 1998; Schierup and Christiansen 1996). 
We further refined the resulting critical habitat units by using 
satellite imagery and parcel data to eliminate areas that did not 
contain the appropriate vegetation or associated native plant species, 
as well as features such as cultivated agriculture fields, housing 
developments, and other areas that are unlikely to contribute to the 
conservation of one or more of the 41 plant species for which critical 
habitat was proposed on April 5, 2002. We used geographic features 
(ridge lines, valleys, streams, coastlines, etc.) or manmade features 
(roads or obvious land use) that created an obvious boundary for a unit 
as unit area boundaries.
    Following publication of the proposed critical habitat rules, some 
of which were revised, for 255 Hawaiian plants (67 FR 3940, 67 FR 9806, 
67 FR 15856, 67 FR 16492, 67 FR 34522, 67 FR 36968, 67 FR 37108), we 
reevaluated proposed critical habitat, State-wide, for each species 
using the recovery guidelines (8 to 10 populations with a minimum of 
100 mature, reproducing individuals per population for long-lived 
perennials; 300 mature, reproducing individuals per population for 
short-lived perennials; and 500 mature, reproducing individuals per 
population for annuals) to determine if we had inadvertently proposed 
for designation too much or too little habitat to meet the essential 
recovery goals of 8 to 10 populations per species distributed among the 
islands of the species' known historic range (HINHP Database 2000, 
2001; Wagner et al. 1990, 1999). Based on comments and information we 
received during the comment periods, we assessed the proposed critical 
habitat in order to ascertain which areas contained the

[[Page 13026]]

highest quality habitat and had the highest likelihood of conserving 
the species. We ranked areas of the proposed critical habitat by the 
quality of the primary constituent elements (i.e., intact native plant 
communities, predominance of associated native plants versus nonnative 
plants), potential as a conservation area (i.e., whether the land is 
zoned conservation and whether the landowner is already participating 
in plant conservation or recovery actions), and current or expected 
management of known threats (e.g., ungulate control; weed control; 
nonnative insect, slug, and snail control). We ranked as most essential 
areas that contain high quality primary constituent elements, are zoned 
for conservation, and have ongoing or expected threat abatement 
actions. This ranking process also included determining which habitats 
were representative of the historic geographical and ecological 
distributions of the species (see ``Primary Constituent Elements''). 
Areas that are zoned for conservation or have been identified as a 
State Forest Reserve, NAR, Wildlife Preserve, State Park, or are 
managed for conservation by a private landowner have a high likelihood 
of providing conservation benefit to the species and are therefore more 
essential than other comparable habitat outside of those types of 
areas. Of these most essential areas, we selected adequate area for our 
recovery goals of 8 to 10 populations distributed among the islands of 
each species' historical range. Of the proposed critical habitat for a 
species, areas that were not ranked most essential and that may provide 
habitat for populations above the recovery goal of 8 to 10 were 
determined not essential for the conservation of the species and were 
excluded from the final designation.
    Within the critical habitat boundaries, section 7 consultation is 
generally necessary, and adverse modification could occur only if the 
primary constituent elements are affected. Therefore, not all 
activities within critical habitat would trigger an adverse 
modification conclusion. In selecting areas of designated critical 
habitat, we made an effort to avoid developed areas, such as towns and 
other similar lands, that are unlikely to contribute to the 
conservation of the 41 species. However, the minimum mapping unit that 
we used to approximate our delineation of critical habitat for these 
species did not allow us to exclude all such developed areas from the 
maps. In addition, existing manmade features and structures within the 
boundaries of the mapped unit, such as buildings; roads; aqueducts and 
other water system features--including, but not limited to, pumping 
stations, irrigation ditches, pipelines, siphons, tunnels, water tanks, 
gaging stations, intakes, reservoirs, diversions, flumes, and wells; 
telecommunications towers and associated structures and equipment; 
electrical power transmission lines and distribution, and communication 
facilities and regularly maintained associated rights-of-way and access 
ways; radars; telemetry antennas; missile launch sites; arboreta and 
gardens; heiau (indigenous places of worship or shrines) and other 
archaeological sites; airports; other paved areas; and lawns and other 
rural residential landscaped areas do not contain one or more of the 
primary constituent elements and are therefore excluded under the terms 
of this regulation. Federal actions limited to those areas would not 
trigger a section 7 consultation unless they affect the species or 
primary constituent elements in adjacent critical habitat.
    In summary, for these species, we utilized the approved recovery 
plan guidance to identify appropriately sized land units containing 
essential occupied and unoccupied habitat. Based on the best available 
information, we believe these areas constitute the essential habitat on 
Molokai to provide for the recovery of these 41 species.
    The critical habitat areas described below constitute our best 
assessment of the physical and biological features needed for the 
conservation of the 41 plant species and of the special management 
needs of these species, and are based on the best scientific and 
commercial information available and described above. We publish this 
final rule acknowledging that we have incomplete information regarding 
many of the primary biological and physical requirements for these 
species. However, both the Act and the relevant court orders require us 
to proceed with designation at this time based on the best information 
available. As new information becomes available, we may consider 
reevaluating the boundaries of areas that warrant critical habitat 
designation.
    The approximate areas of the designated crtical habitat by 
landownership or jurisdiction are shown in Table 4.

 Table 4.--Approximate Critical Habitat Area Designated by Unit and Landownership or Jurisdiction, Molokai, Maui
                                               County, Hawaii \1\
----------------------------------------------------------------------------------------------------------------
           Unit name                 State/local            Private             Federal              Total
----------------------------------------------------------------------------------------------------------------
Molokai 1--Tetramolopium         ...................  68 ha               ..................  68 ha
 rockii--a.                                           (167 ac)                                (167 ac)
Molokai 2--Sesbania tomentosa--  57 ha                < 1 ha              ..................  58 ha
 a.                              (142 ac)             (< 1 ac)                                (143 ac)
Molokai 2--Tetramolopium         103 ha               9 ha                ..................  112 ha
 rockii--b.                      (254 ac)             (23 ac)                                 (278 ac)
Molokai 3--Centaurium            94 ha                ..................  1 ha                95 ha
 sebaeoides--a.                  (233 ac)                                 (3 ac)              (235 ac)
Molokai 3--Tetramolopium         104 ha               ..................  < 1 ha              104 ha
 rockii--c.                      (257 ac)                                 (< 1 ac)            (257 ac)
Molokai 4--Brighamia rockii--a.  20 ha                ..................  ..................  20 ha
                                 (50 ac)                                                      (50 ac)
Molokai 4--Hibiscus arnottianus  56 ha                ..................  ..................  56 ha
 ssp. immaculatus--a.            (139 ac)                                                     (139 ac)
Molokai 5--Brighamia rockii--b.  4 ha                 ..................  ..................  4 ha
                                 (10 ac)                                                      (10 ac)
Molokai 5--Peucedanum            4 ha                 ..................  ..................  4 ha
 sandwicense--a.                 (10 ac)                                                      (10 ac)
Molokai 5--Tetramolopium         4 ha                 ..................  ..................  4 ha
 rockii--d.                      (10 ac)                                                      (10 ac)

[[Page 13027]]

 
Molokai 6--Adenophorus periens-- 79 ha                < 1 ha              ..................  79 ha
 a.                              (194 ac)             (< 1 ac)                                (194 ac)
Molokai 6--Adenophorus periens-- 49 ha                347 ha              ..................  396 ha
 b.                              (121 ac)             (858 ac)                                (980 ac)
Molokai 6--Adenophorus periens-- 209 ha               5 ha                214 ha
 c.                              (517 ac)             (12 ac)             (530 ac)
Molokai 6--Alectryon             125 ha               ..................  ..................  125 ha
 macrococcus--a.                 (309 ac)                                                     (309 ac)
Molokai 6--Bidens wiebkei--a...  ...................  220 ha              ..................  220 ha
                                                      (543 ac)                                (543 ac)
Molokai 6--Brighamia rockii--c.  38 ha                ..................  ..................  38 ha
                                 (94 ac)                                                      (94 ac)
Molokai 6--Brighamia rockii--d.  127 ha               17 ha               ..................  144 ha
                                 (313 ac)             (42 ac)                                 (355 ac)
Molokai 6--Brighamia rockii--e.  83 ha                ..................  ..................  83 ha
                                 (205 ac)                                                     (205 ac)
Molokai 6--Canavalia             80 ha                ..................  ..................  80 ha
 molokaiensis--a.                (197 ac)                                                     (197 ac)
Molokai 6--Canavalia             < 1 ha               76 ha               ..................  76 ha
 molokaiensis--b.                (1 ac)               (187 ac)                                (188 ac)
Molokai 6--Canavalia             150 ha               ..................  ..................  150 ha
 molokaiensis--c.                (371 ac)                                                     (371 ac)
Molokai 6--Clermontia            130 ha               1 ha                ..................  131 ha
 oblongifolia ssp. brevipes--a.  (322 ac)             (3 ac)                                  (325 ac)
Molokai 6--Clermontia            104 ha               253 ha              ..................  358 ha
 oblongifolia ssp. brevipes--b.  (258 ac)             (626 ac)                                (884 ac)
Molokai 6--Clermontia            422 ha               5 ha                ..................  427 ha
 oblongifolia ssp. brevipes--c.  (1,042 ac)           (12 ac)                                 (1,054 ac)
Molokai 6--Ctenitis squamigera-- ...................  58 ha               ..................  58 ha
 a.                                                   (144 ac)                                (144 ac)
Molokai 6--Cyanea dunbarii--a..  195 ha               133 ha              ..................  328 ha
                                 (481 ac)             (329 ac)                                (810 ac)
Molokai 6--Cyanea dunbarii--b..  47 ha                41 ha               ..................  88 ha
                                 (115 ac)             (102 ac)                                (218 ac)
Molokai 6--Cyanea dunbarii--c..  23 ha                ..................  ..................  23 ha
                                 (56 ac)                                                      (56 ac)
Molokai 6--Cyanea grimesiana     1,898 ha             235 ha              ..................  2,133 ha
 ssp. grimesiana--a.             (4,690 ac)           (581 ac)                                (5,272 ac)
Molokai 6--Cyanea mannii--a....  110 ha               ..................  ..................  110 ha
                                 (272 ac)                                                     (272 ac)
Molokai 6--Cyanea mannii--b....  81 ha                ..................  ..................  81 ha
                                 (200 ac)                                                     (200 ac)
Molokai 6--Cyanea mannii--c....  < 1 ha               78 ha               ..................  78 ha
                                 (< 1 ac)             (192 ac)                                (192 ac)
Molokai 6--Cyanea mannii--d....  114 ha               46 ha               ..................  161 ha
                                 (283 ac)             (114 ac)                                (397 ac)
Molokai 6--Cyanea mannii--e....  < 1 ha               168 ha              ..................  168 ha
                                 (1 ac)               (415 ac)                                (416 ac)
Molokai 6--Cyanea procera--a...  301 ha               47 ha               ..................  348 ha
                                 (744 ac)             (117 ac)                                (861 ac)
Molokai 6--Cyanea procera--b...  85 ha                287 ha              ..................  373 ha
                                 (211 ac)             (710 ac)                                (921 ac)
Molokai 6--Diellia erecta--a...  ...................  99 ha               ..................  99 ha
                                                      (244 ac)                                (244 ac)
Molokai 6--Diplazium             355 ha               13 ha               ..................  368 ha
 molokaiense--a.                 (876 ac)             (32 ac)                                 (909 ac)
Molokai 6--Eugenia koolauensis-- ...................  471 ha              ..................  471 ha
 a.                                                   (1,164 ac)                              (1,164 ac)
Molokai 6--Flueggea neowawraea-- 61 ha                ..................  ..................  61 ha
 a.                              (151 ac)                                                     (151 ac)
Molokai 6--Hesperomannia         158 ha               3 ha                ..................  160 ha
 arborescens--a.                 (390 ac)             (6 ac)                                  (397 ac)
Molokai 6--Hesperomannia         127 ha               47 ha               ..................  175 ha
 arborescens--b.                 (315 ac)             (117 ac)                                (432 ac)
Molokai 6--Hibiscus arnottianus  108 ha               ..................  ..................  108 ha
 ssp. immaculatus--b.            (268 ac)                                                     (268 ac)
Molokai 6--Hibiscus arnottianus  213 ha               4 ha                ..................  218 ha
 ssp. immaculatus--c.            (527 ac)             (11 ac)                                 (538 ac)
Molokai 6--Hibiscus arnottianus  146 ha               130 ha              ..................  276 ha
 ssp. immaculatus--d.            (361 ac)             (320 ac)                                (681 ac)

[[Page 13028]]

 
Molokai 6--Ischaemum byrone--a.  15 ha                15 ha               ..................  30 ha
                                 (37 ac)              (36 ac)                                 (73 ac)
Molokai 6--Ischaemum byrone--b.  ...................  28 ha               ..................  28 ha
                                                      (70 ac)                                 (70 ac)
Molokai 6--Labordia triflora--a  2 ha                 ..................  ..................  2 ha
                                 (5 ac)                                                       (5 ac)
Molokai 6--Labordia triflora--b  ...................  2 ha                ..................  2 ha
                                                      (6 ac)                                  (6 ac)
Molokai 6--Labordia triflora--c  ...................  13 ha               ..................  13 ha
                                                      (32 ac)                                 (32 ac)
Molokai 6--Labordia triflora--d  81 ha                442 ha              ..................  523 ha
                                 (201 ac)             (1,091 ac)                              (1,292 ac)
Molokai 6--Lysimachia maxima--a  408 ha               ..................  ..................  408 ha
                                 (1,008 ac)                                                   (1,008 ac)
Molokai 6--Lysimachia maxima--b  65 ha                376 ha              ..................  441 ha
                                 (161 ac)             (930 ac)                                (1,091 ac)
Molokai 6--Lysimachia maxima--c  400 ha               15 ha               ..................  414 ha
                                 (987 ac)             (36 ac)                                 (1,023 ac)
Molokai 6--Mariscus fauriei--a.  9 ha                 ..................  ..................  9 ha
                                 (22 ac)                                                      (22 ac)
Molokai 6--Mariscus fauriei--b.  304 ha               3 ha                ..................  307 ha
                                 (751 ac)             (6 ac)                                  (758 ac)
Molokai 6--Melicope              84 ha                ..................  ..................  84 ha
 mucronulata--a.                  (207 ac)                                                    (207 ac)
Molokai 6--Melicope              84 ha                < 1 ha              ..................  84 ha
 mucronulata--b.                 (207 ac)             (< 1 ac)                                (208 ac)
Molokai 6--Melicope              ...................  72 ha               ..................  72 ha
 mucronulata--c.                                      (177 ac)                                (177 ac)
Molokai 6--Melicope              113 ha               14 ha               ..................  127 ha
 mucronulata--d.                  (278 ac)             (36 ac)                                (314 ac)
Molokai 6--Melicope              60 ha                30 ha               ..................  89 ha
 mucronulata--e.                 (147 ac)             (73 ac)                                 (221 ac)
Molokai 6--Melicope reflexa--a.  476 ha               8 ha                ..................  484 ha
                                  (1,176 ac)           (19 ac)                                (1,195 ac)
Molokai 6--Melicope reflexa--b.  397 ha               1,829 ha            ..................  2,226 ha
                                 (980 ac)             (4,520 ac)                              (5,500 ac)
Molokai 6--Neraudia sericea--a.  ...................  116 ha              ..................  116 ha
                                                      (286 ac)                                (286 ac)
Molokai 6--Peucedanum            61 ha                ..................  ..................  61 ha
 sandwicense--b.                 (150 ac)                                                     (150 ac)
Molokai 6--Peucedanum            ...................  84 ha               ..................  84 ha
 sandwicense--c.                                      (207 ac)                                (207 ac)
Molokai 6--Phyllostegia mannii-- 480 ha               ..................  ..................  480 ha
 a.                              (1,185 ac)                                                   (1,185 ac)
Molokai 6--Phyllostegia mannii-- 118 ha               378 ha              ..................  496 ha
 b.                              (292 ac)             (934 ac)                                (1,226 ac)
Molokai 6--Phyllostegia mannii-- 441 ha               11 ha               ..................  452 ha
 c.                              (1,089 ac)           (28 ac)                                 (1,117 ac)
Molokai 6--Plantago princeps--a  ...................  52 ha               ..................  52 ha
                                                      (129 ac)                                (129 ac)
Molokai 6--Pteris lidgatei--a..  1,154 ha             73 ha               ..................  1,227 ha
                                  (2,851 ac)          (180 ac)                                (3,031 ac)
Molokai 6--Schiedea lydgatei--a  75 ha                185 ha              ..................  261 ha
                                 (186 ac)             (458 ac)                                (645 ac)
Molokai 6--Schiedea lydgatei--b  ...................  163 ha              ..................  163 ha
                                                      (403 ac)                                (403 ac)
Molokai 6--Schiedea nuttallii--  138 ha               ..................  ..................  138 ha
 a.                              (340 ac)                                                     (340 ac)
Molokai 6--Schiedea nuttallii--  ...................  127 ha              ..................  127 ha
 b.                                                   (313 ac)                                (313 ac)
Molokai 6--Schiedea sarmentosa-- 405 ha               203 ha              ..................  608 ha
 a.                              (1,000 ac)           (502 ac)                                (1,502 ac)
Molokai 6--Schiedea sarmentosa-- ...................  266 ha              ..................  266 ha
 b.                                                   (657 ac)                                (657 ac)
Molokai 6--Silene alexandri--a.  405 ha               203 ha              ..................  608 ha
                                 (1,000 ac)            (502 ac)                               (1,502 ac)
Molokai 6--Silene alexandri--b.  ...................  266 ha              ..................  266 ha
                                                      (657 ac)                                (657 ac)
Molokai 6--Silene lanceolata--a  ...................  289 ha              ..................  289 ha
                                                      (714 ac)                                (714 ac)

[[Page 13029]]

 
Molokai 6--Spermolepis           ...................  85 ha               ..................  85 ha
 hawaiiensis--a.                                      (211 ac)                                (211 ac)
Molokai 6--Stenogyne bifida--a.  105 ha               480 ha              ..................  585 ha
                                 (259 ac)             (1,185 ac)                              (1,444 ac)
Molokai 6--Zanthoxylum           ...................  259 ha              ..................  259 ha
 hawaiiense--a.                                       (640 ac)                                (640 ac)
Molokai 7--Bidens wiebkei--b...  ...................  240 ha              ..................  240 ha
                                                      (593 ac)                                (593 ac)
Molokai 8--Bidens wiebkei--c...  123 ha               1 ha                ..................  124 ha
                                 (303 ac)             (2 ac)                                  (305 ac)
Molokai 9--Isodendrion           101 ha               ..................  ..................  101 ha
 pyrifolium--a.                  (249 ac)                                                     (249 ac)
Molokai 9--Hibiscus              107 ha               ..................  ..................  107 ha
 brackenridgei--a.               (264 ac)                                                     (264 ac)
Molokai 9--Sesbania tomentosa--  88 ha                ..................  ..................  88 ha
 b.                              (217 ac)                                                     (217 ac)
                                ----------------------
    Grand Total*...............  4,958 ha             4,884 ha            1 ha                9,843 ha
                                 (12,251 ac)          (12,068 ac)          (3 ac)             (24,333 ac)
----------------------------------------------------------------------------------------------------------------
\1\ Area differences due to digital mapping discrepancies between TMK data (GDSI 2000) and USGS coastline, or
  differences due to rounding.
*Totals take into consideration overlapping individual species units.

    Critical habitat includes habitat for these 41 species in the 
northwestern, northeastern, central, and southern portions of Molokai. 
Lands designated as critical habitat have been divided into a total of 
88 units. A brief description of each unit is presented alphabetically 
below.

Descriptions of Critical Habitat Units

Molokai 6--Adenophorus periens--a
    This unit is critical habitat for Adenophorus periens and is 79 ha 
(194 ac) on State (Puu Alii NAR) and private land and contains a 
portion of the eastern ridge of Waikolu Valley. This unit provides 
habitat for one population of 300 mature, reproducing individuals of 
the short-lived perennial Adenophorus periens and is currently 
unoccupied. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, 
Metrosideros polymorpha trunks in M. polymorpha-Cibotium glaucum 
lowland wet forest and cloud forests in well-developed, closed canopy, 
providing deep shade and high humidity. In addition, it is some 
distance away from the other critical habitat for this species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Adenophorus periens--b
    This unit is critical habitat for Adenophorus periens and is 396 ha 
(980 ac) on State (Molokai Forest Reserve) and private land. The unit 
contains a portion of Kaholoapele, Kamakou, Pakui, Puu o Wahaula, and 
Uapa Summits, and Kalapa, Konomanu, and Kuana Ridges. This unit 
provides habitat for 2 populations of 300 mature, reproducing 
individuals of the short-lived perennial Adenophorus periens and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, 
Metrosideros polymorpha trunks in M. polymorpha-Cibotium glaucum 
lowland wet forest and cloud forests in well-developed, closed canopy, 
providing deep shade and high humidity. In addition, it is some 
distance away from the other critical habitat for this species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Adenophorus periens--c
    This unit is critical habitat for Adenophorus periens and is 214 ha 
(530 ac) on State (Molokai Forest Reserve and Olokui NAR) and private 
land. The unit contains a portion of Kapapa Pali, Olokui and 
Pohakuulaula Summits. This unit provides habitat for one population of 
300 mature, reproducing individuals of the short-lived perennial 
Adenophorus periens and is currently unoccupied. This unit is essential 
to the conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, Metrosideros polymorpha trunks in M. polymorpha-Cibotium glaucum 
lowland wet forest and cloud forests in well-developed, closed canopy, 
providing deep shade and high humidity. In addition, it is some 
distance away from the other critical habitat for this species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Alectryon macrococcus--a
    This unit is critical habitat for Alectryon macrococcus and is 125 
ha (309 ac) on State land (Molokai Forest Reserve), containing a 
portion of Kupaia Gulch. This unit provides habitat for one population 
of 100 mature, reproducing individuals of the long-lived perennial 
Alectryon macrococcus and is currently occupied by 5 plants. This unit 
is essential to the conservation of the species because it supports an 
extant colony of this species and includes habitat that is essential 
for the expansion of the present population, which is currently 
considered nonviable. The habitat features contained in this unit that 
are essential for this species include, but are not limited to talus 
slopes or gulches within dry or mesic lowland forest, which are unique 
to the Molokai range of the species. In addition, it is some distance 
away from the other critical habitat for this species, in order to 
avoid all recovery populations from being

[[Page 13030]]

destroyed by one naturally occurring catastrophic event.
Molokai 6--Bidens wiebkei--a
    This unit is critical habitat for Bidens wiebkei and is 219 ha (542 
ac) on private land (Molokai Forest Reserve), containing a portion of 
Puu Kolekole Summit. This unit provides habitat for one population of 
300 mature, reproducing individuals of the short-lived perennial Bidens 
wiebkei and is currently occupied by one plant. This unit is essential 
to the conservation of the species because it supports an extant colony 
of this species and includes habitat that is essential for the 
expansion of the present population, which is currently considered 
nonviable. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, slopes in 
Metrosideros polymorpha-dominated mesic shrublands or dry or mesic M. 
polymorpha-Styphelia tameiameiae lowland shrubland. This unit is 
geographically separated from the other two units designated as 
critical habitat for this island-endemic species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 7--Bidens wiebkei--b
    This unit is critical habitat for Bidens wiebkei and is 240 ha (593 
ac) on private land. The unit contains a portion of Kepuna, Kuinaho, 
and Lamaloa Gulches, and Lamaloa Head Summit. This unit provides 
habitat for 2 populations of 300 mature, reproducing individuals of the 
short-lived perennial Bidens wiebkei and is currently occupied by over 
200 plants. This unit is essential to the conservation of the species 
because it supports an extant colony of this species and includes 
habitat that is essential for the expansion of the present population, 
which is currently considered nonviable. The habitat features contained 
in this unit that are essential for this species include, but are not 
limited to, slopes in Metrosideros polymorpha-dominated mesic 
shrublands or dry or mesic M. polymorpha-Styphelia tameiameiae lowland 
shrubland. This unit is geographically separated from the other two 
units designated as critical habitat for this island-endemic species, 
in order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 8--Bidens wiebkei--c
    This unit is critical habitat for Bidens wiebkei and is 124 ha (305 
ac) on State and private lands. The unit contains a portion of 
Alanuipuhipaka and Puu o Hoku Ridges, Papio Gulch, and Koalii Summit. 
This unit provides habitat for 2 populations of 300 mature, reproducing 
individuals of the short-lived perennial Bidens wiebkei and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, slopes in 
Metrosideros polymorpha-dominated mesic shrublands or dry or mesic M. 
polymorpha-Styphelia tameiameiae lowland shrubland. This unit is 
geographically separated from the other two units designated as 
critical habitat for this island-endemic species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 4--Brighamia rockii--a
    This unit is critical habitat for Brighamia rockii and is 20 ha (51 
ac) on State land (Kalaupapa National Historical Park), containing a 
portion of Kaala Cape. This unit, in combination with unit 5--Brighamia 
rockii--b and unit 6--Brighamia rockii--c, provides habitat for one 
population of 100 mature, reproducing individuals of the long-lived 
perennial Brighamia rockii and is currently unoccupied. This unit is 
essential to the conservation of the species because it supports 
habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, rock crevices on steep basalt sea 
cliffs, within the spray zone, in coastal dry or mesic forest, 
Eragrostis variabilis mixed coastal cliff communities or shrubland, or 
Pritchardia sp. coastal mesic forest. This unit, together with units 5 
and 6, provides for one population within this multi-island species' 
historical range on Molokai that is some distance away from the other 
critical habitat for this species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 5--Brighamia rockii--b
    This unit is critical habitat for Brighamia rockii and is 4 ha (10 
ac) on State land (Mokapu Bird Sanctuary). This unit is Mokapu Island. 
This unit in combination, with unit 4--Brighamia rockii--a and unit 6--
Brighamia rockii--c, provides habitat for one population of 100 mature, 
reproducing individuals of the long-lived perennial Brighamia rockii 
and is currently unoccupied. This unit is essential to the conservation 
of the species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, rock 
crevices on steep basalt sea cliffs, within the spray zone, in coastal 
dry or mesic forest, Eragrostis variabilis mixed coastal cliff 
communities or shrubland, or Pritchardia sp. coastal mesic forest. This 
unit, together with units 4 and 6, provides for one population within 
this multi-island species' historical range on Molokai that is some 
distance away from the other critical habitat for this species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Brighamia rockii--c
    This unit is critical habitat for Brighamia rockii and is 38 ha (95 
ac) on State land (Kalaupapa National Historical Park), containing a 
portion of Leinaopapio Point. This unit, in combination with unit 4--
Brighamia rockii--a and unit 5--Brighamia rockii--b, provides habitat 
for one population of 100 mature, reproducing individuals of the long-
lived perennial Brighamia rockii and is currently unoccupied. This unit 
is essential to the conservation of the species because it supports 
habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, rock crevices on steep basalt sea 
cliffs, within the spray zone, in coastal dry or mesic forest, 
Eragrostis variabilis mixed coastal cliff communities or shrubland, or 
Pritchardia sp. coastal mesic forest. This unit, together with units 4 
and 5, provides for one population within this multi-island species' 
historical range on Molokai that is some distance away from the other 
critical habitat for this species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Brighamia rockii--d
    This unit is critical habitat for Brighamia rockii and is 145 ha 
(358 ac) on State (Olokui NAR) and private lands. The unit contains a 
portion of Ananoio, Oloupena, and Waipu Beaches, Halekou Cape, Puukaoku

[[Page 13031]]

Point, Haloku, Oloupena, Puukaoku, and Wailele Falls. This unit 
provides habitat for 2 populations of 100 mature, reproducing 
individuals of the long-lived perennial Brighamia rockii and is 
currently occupied by 60 plants. This unit is essential to the 
conservation of the species because it supports an extant colony of 
this species and includes habitat that is essential for the expansion 
of the present population, which is currently considered nonviable. The 
habitat features contained in this unit that are essential for this 
species include, but are not limited to, rock crevices on steep basalt 
sea cliffs, within the spray zone, in coastal dry or mesic forest, 
Eragrostis variabilis mixed coastal cliff communities or shrubland, or 
Pritchardia sp. coastal mesic forest. In addition, it is some distance 
away from the other critical habitat for this species, in order to 
avoid all recovery populations from being destroyed by one naturally 
occurring catastrophic event.
Molokai 6--Brighamia rockii--e
    This unit is critical habitat for Brighamia rockii and is 83 ha 
(206 ac) on State land. The unit contains a portion of Kahiwa Falls and 
Lepau Point. This unit provides habitat for one population of 100 
mature, reproducing individuals of the long-lived perennial Brighamia 
rockii and is currently occupied by 5 plants. This unit is essential to 
the conservation of the species because it supports an extant colony of 
this species and includes habitat that is essential for the expansion 
of the present population, which is currently considered nonviable. The 
habitat features contained in this unit that are essential for this 
species include, but are not limited to, rock crevices on steep basalt 
sea cliffs, within the spray zone, in coastal dry or mesic forest, 
Eragrostis variabilis mixed coastal cliff communities or shrubland, or 
Pritchardia sp. coastal mesic forest. In addition, it is some distance 
away from the other critical habitat for this species, in order to 
avoid all recovery populations from being destroyed by one naturally 
occurring catastrophic event.
Molokai 6--Canavalia molokaiensis--a
    This unit is critical habitat for Canavalia molokaiensis and is 80 
ha (197 ac) on State land (Molokai Forest Reserve). The unit contains a 
portion of Kapuna Spring and Mokomoko Gulch. This unit provides habitat 
for one population of 300 mature, reproducing individuals of the short-
lived perennial Canavalia molokaiensis and is currently unoccupied. 
This unit is essential to the conservation of the species because it 
supports habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, exposed sites on steep slopes in dry 
or mesic Metrosideros polymorpha-Dodonea viscosa lowland shrubland. 
This unit is geographically separated from the other two units 
designated as critical habitat for this island-endemic species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Canavalia molokaiensis--b
    This unit is critical habitat for Canavalia molokaiensis and is 76 
ha (187 ac) on State (Molokai Forest Reserve) and private lands. The 
unit contains a portion of Kahuaawi Gulch. This unit provides habitat 
for one population of 300 mature, reproducing individuals of the short-
lived perennial Canavalia molokaiensis and is currently unoccupied. 
This unit is essential to the conservation of the species because it 
supports habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, exposed sites on steep slopes in dry 
or mesic Metrosideros polymorpha-Dodonea viscosa lowland shrubland. 
This unit is geographically separated from the other two units 
designated as critical habitat for this island-endemic species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Canavalia molokaiensis--c
    This unit is critical habitat for Canavalia molokaiensis and is 150 
ha (371 ac) on State land (Molokai Forest Reserve), containing a 
portion of Kaunakakai Gulch. This unit provides habitat for 3 
populations of 300 mature, reproducing individuals of the short-lived 
perennial Canavalia molokaiensis and is currently occupied by an 
unknown number of plants. This unit is essential to the conservation of 
the species because it supports an extant colony of this species and 
includes habitat that is essential for the expansion of the present 
population. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, exposed 
sites on steep slopes in dry or mesic Metrosideros polymorpha-Dodonea 
viscosa lowland shrubland. This unit is geographically separated from 
the other two units designated as critical habitat for this island-
endemic species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 3--Centaurium sebaeoides--a
    This unit is critical habitat for Centaurium sebaeoides and is 96 
ha (238 ac) on State and Federal lands (Kalaupapa National Historical 
Park). The unit contains a portion of Kalapapa Peninsula, and Lae 
Hoolehua and Kaupikiawa Capes. This unit provides habitat for one 
population of 500 mature, reproducing individuals of the annual 
Centaurium sebaeoides and is currently occupied by several thousand 
plants. This unit is essential to the conservation of the species 
because it supports an extant colony of this species and includes 
habitat that is essential for the expansion of the present population. 
The habitat features contained in this unit that are essential for this 
species include, but are not limited to, volcanic or clay soils or 
cliffs in arid coastal areas. In addition, it is some distance away 
from the other critical habitat for this species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Clermontia oblongifolia ssp. brevipes--a
    This unit is critical habitat for Clermontia oblongifolia ssp. 
brevipes and is 131 ha (325 ac) on State (Puu Alii NAR) and private 
lands, containing a portion of the eastern ridge of Waikolu Valley. 
This unit provides habitat for 2 populations of 300 mature, reproducing 
individuals of the short-lived perennial Clermontia oblongifolia ssp. 
brevipes and is currently unoccupied. This unit is essential to the 
conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, shallow soil on gulch slopes in wet Metrosideros polymorpha-
dominated forests. This unit is geographically separated from the other 
two units designated as critical habitat for this island-endemic 
species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.

[[Page 13032]]

Molokai 6--Clermontia oblongifolia ssp. brevipes--b
    This unit is critical habitat for Clermontia oblongifolia ssp. 
brevipes and is 358 ha (884 ac) on State (Molokai Forest Reserve) and 
private lands. The unit contains a portion of Kaholoapele, Kamakou, 
Pakui, Puu o Wahaula, and Uapa Summits, and Kalapa Konomanu and Kuana 
Ridges. This unit provides habitat for 3 populations of 300 mature, 
reproducing individuals of the short-lived perennial Clermontia 
oblongifolia ssp. brevipes and is currently unoccupied. This unit is 
essential to the conservation of the species because it supports 
habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, shallow soil on gulch slopes in wet 
Metrosideros polymorpha-dominated forests. This unit is geographically 
separated from the other two units designated as critical habitat for 
this island-endemic species, in order to avoid all recovery populations 
from being destroyed by one naturally occurring catastrophic event.
Molokai 6--Clermontia oblongifolia ssp. brevipes-c
    This unit is critical habitat for Clermontia oblongifolia ssp. 
brevipes and is 427 ha (1,054 ac) on State and private lands. The unit 
contains a portion of Honukakau, Kapuki, and Olokui. This unit provides 
habitat for 2 populations of 300 mature, reproducing individuals of the 
short-lived perennial Clermontia oblongifolia ssp. brevipes and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, shallow 
soil on gulch slopes in wet Metrosideros polymorpha-dominated forests. 
This unit is geographically separated from the other two units 
designated as critical habitat for this island-endemic species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Ctenitis squamigera--a
    This unit is critical habitat for Ctenitis squamigera and is 58 ha 
(144 ac) on private land. The unit contains a portion of Kalapamoa 
Ridge and Kua and Wawaia Gulches. This unit provides habitat for one 
population of 300 mature, reproducing individuals of the short-lived 
perennial Ctenitis squamigera and is currently occupied by 20 plants. 
This unit is essential to the conservation of the species because it 
supports an extant colony of this species and includes habitat that is 
essential for the expansion of the present population, which is 
currently considered nonviable. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, mesic forests or gulch slopes. In addition, it is some distance 
away from the other critical habitat for this species, in order to 
avoid all recovery populations from being destroyed by one naturally 
occurring catastrophic event.
Molokai 6--Cyanea dunbarii--a
    This unit is critical habitat for Cyanea dunbarii and is 328 ha 
(810 ac) on State (Kalaupapa National Historical Park and Molokai 
Forest Reserve) and private lands. The unit contains a portion of 
Waihanau Stream and Waianui Gulch. This unit provides habitat for 7 
populations of 300 mature, reproducing individuals of the short-lived 
perennial Cyanea dunbarii and is currently unoccupied. This unit is 
essential to the conservation of the species because it supports 
habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, streambanks in mesic to wet 
Dicranopteris linearis-Metrosideros polymorpha lowland forest on 
moderate to steep slopes. This unit is geographically separated from 
the other two units designated as critical habitat for this island-
endemic species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Cyanea dunbarii--b
    This unit is critical habitat for Cyanea dunbarii and is 88 ha (218 
ac) on State (Molokai Forest Reserve) and private lands. The unit 
contains a portion of Mokomoko Gulch and Kapuna Spring. This unit 
provides habitat for 2 populations of 300 mature, reproducing 
individuals of the short-lived perennial Cyanea dunbarii and is 
currently occupied by 30 plants. This unit is essential to the 
conservation of the species because it supports an extant colony of 
this species and includes habitat that is essential for the expansion 
of the present population, which is currently considered nonviable. The 
habitat features contained in this unit that are essential for this 
species include, but are not limited to, streambanks in mesic to wet 
Dicranopteris linearis-Metrosideros polymorpha lowland forest on 
moderate to steep slopes. This unit is geographically separated from 
the other two units designated as critical habitat for this island-
endemic species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Cyanea dunbarii--c
    This unit is critical habitat for Cyanea dunbarii and is 23 ha (56 
ac) on State (Molokai Forest Reserve) land. The unit contains a portion 
of Kaulolo Ridge and the Molokai Tunnel near Puu Makaliilii. This unit 
provides habitat for one population of 300 mature, reproducing 
individuals of the short-lived perennial Cyanea dunbarii and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, streambanks 
in mesic to wet Dicranopteris linearis-Metrosideros polymorpha lowland 
forest on moderate to steep slopes. This unit is geographically 
separated from the other two units designated as critical habitat for 
this island-endemic species, in order to avoid all recovery populations 
from being destroyed by one naturally occurring catastrophic event.
Molokai 6--Cyanea grimesiana ssp. grimesiana--a
    This unit is critical habitat for Cyanea grimesiana ssp. grimesiana 
and is 2,133 ha (5,272 ac) on State (Molokai Forest Reserve and Olokui 
NAR) and private lands. The unit contains a portion of Kahiwa Falls, 
Kolo, Kukuinui, and Pohakaunoho Ridges, Puu Lua and Pakui Summit, 
Malahini Cave, and Kuapuuiki Spring. This unit provides habitat for 2 
populations of 300 mature, reproducing individuals of the short-lived 
perennial Cyanea grimesiana ssp. grimesiana and is currently occupied 
by 7 plants. This unit is essential to the conservation of the species 
because it supports an extant colony of this species and includes 
habitat that is essential for the expansion of the present population, 
which is currently considered nonviable. The habitat features contained 
in this unit that are essential for this species include, but are not 
limited to, mesic forest dominated by Metrosideros polymorpha or M. 
polymorpha and Acacia koa, or cliffs. In

[[Page 13033]]

addition, it is some distance away from the other critical habitat for 
this species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Cyanea mannii--a
    This unit is critical habitat for Cyanea mannii and is 110 ha (272 
ac) on State land (Kalaupapa National Historical Park and Molokai 
Forest Reserve). The unit contains a portion of Waihii Spring and 
Waianui Gulch. This unit provides habitat for one population of 300 
mature, reproducing individuals of the short-lived perennial Cyanea 
mannii and is currently occupied by 20 plants. This unit is essential 
to the conservation of the species because it supports an extant colony 
of this species and includes habitat that is essential for the 
expansion of the present population, which is currently considered 
nonviable. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, the sides 
of deep gulches in Metrosideros polymorpha-dominated montane mesic 
forests. This unit is geographically separated from the other four 
units designated as critical habitat for this island-endemic species, 
in order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Cyanea mannii--b
    This unit is critical habitat for Cyanea mannii and is 81 ha (199 
ac) on State land (Molokai Forest Reserve). The unit contains a portion 
of Kapuna Spring and Mokomoko Gulch. This unit provides habitat for one 
population of 300 mature, reproducing individuals of the short-lived 
perennial Cyanea mannii and is currently occupied by 50 plants. This 
unit is essential to the conservation of the species because it 
supports an extant colony of this species and includes habitat that is 
essential for the expansion of the present population, which is 
currently considered nonviable. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, the sides of deep gulches in Metrosideros polymorpha-dominated 
montane mesic forests. This unit is geographically separated from the 
other four units designated as critical habitat for this island-endemic 
species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Cyanea mannii--c
    This unit is critical habitat for Cyanea mannii and is 78 ha (192 
ac) on State (Molokai Forest Reserve) and private lands, containing a 
portion of Kahuaawi Gulch. This unit provides habitat for one 
population of 300 mature, reproducing individuals of the short-lived 
perennial Cyanea mannii and is currently occupied by 50 plants. This 
unit is essential to the conservation of the species because it 
supports an extant colony of this species and includes habitat that is 
essential for the expansion of the present population, which is 
currently considered nonviable. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, the sides of deep gulches in Metrosideros polymorpha-dominated 
montane mesic forests. This unit is geographically separated from the 
other four units designated as critical habitat for this island-endemic 
species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Cyanea mannii--d
    This unit is critical habitat for Cyanea mannii and is 160 ha (396 
ac) on State (Molokai Forest Reserve) and private lands. The unit 
contains a portion of Kikiakala Summit and Kaunakakai Gulch. This unit 
provides habitat for one population of 300 mature, reproducing 
individuals of the short-lived perennial Cyanea mannii and is currently 
occupied by 50 plants. This unit is essential to the conservation of 
the species because it supports an extant colony of this species and 
includes habitat that is essential for the expansion of the present 
population, which is currently considered nonviable. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, the sides of deep gulches in 
Metrosideros polymorpha-dominated montane mesic forests. This unit is 
geographically separated from the other four units designated as 
critical habitat for this island-endemic species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Cyanea mannii--e
    This unit is critical habitat for Cyanea mannii and is 168 ha (416 
ac) on State (Molokai Forest Reserve) and private lands. The unit 
contains a portion of Kalaoamoa Ridge, and Kua, Malao, and Wawaia 
Gulches. This unit provides habitat for one population of 300 mature, 
reproducing individuals of the short-lived perennial Cyanea mannii and 
is currently occupied by 40 plants. This unit is essential to the 
conservation of the species because it supports an extant colony of 
this species and includes habitat that is essential for the expansion 
of the present population, which is currently considered nonviable. The 
habitat features contained in this unit that are essential for this 
species include, but are not limited to, the sides of deep gulches in 
Metrosideros polymorpha-dominated montane mesic forests. This unit is 
geographically separated from the other four units designated as 
critical habitat for this island-endemic species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Cyanea procera--a
    This unit is critical habitat for Cyanea procera and is 348 ha (860 
ac) on State (Kalaupapa National Historical Park, Molokai Forest 
Reserve, and Puu Alii NAR) and private lands. The unit contains a 
portion of Kalahuapueo, Kaulahuki, Kikiakala, and Puu Kaeo Summits. 
This unit provides habitat for 3 populations of 300 mature, reproducing 
individuals of the short-lived perennial Cyanea procera and is 
currently occupied by 2 plants. This unit is essential to the 
conservation of the species because it supports an extant colony of 
this species and includes habitat that is essential for the expansion 
of the present population, which is currently considered nonviable. The 
habitat features contained in this unit that are essential for this 
species include, but are not limited to, walls of steep gulches in wet 
Metrosideros polymorpha-dominated lowland mixed forests. This unit is 
geographically separated from the other unit designated as critical 
habitat for this island-endemic species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Cyanea procera--b
    This unit is critical habitat for Cyanea procera and is 373 ha (921 
ac) on State (Molokai Forest Reserve) and private lands. The unit 
contains a portion of Kalapamoa Ridge and Makalihua Summit. This unit 
provides habitat for 3 populations of 300 mature, reproducing 
individuals of the short-lived perennial Cyanea procera and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, walls of 
steep gulches in wet Metrosideros

[[Page 13034]]

polymorpha-dominated lowland mixed forests. This unit is geographically 
separated from the other unit designated as critical habitat for this 
island-endemic species, in order to avoid all recovery populations from 
being destroyed by one naturally occurring catastrophic event.
Molokai 6--Diellia erecta--a
    This unit is critical habitat for Diellia erecta and is 99 ha (244 
ac) on private land (Molokai Forest Reserve), containing a portion of 
Makolelau Ridge, just below Puu Kolekole. This unit provides habitat 
for one population of 300 mature, reproducing individuals of the short-
lived perennial Diellia erecta and is currently occupied by an unknown 
number of plants. This unit is essential to the conservation of the 
species because it supports an extant colony of this species and 
includes habitat that is essential for the expansion of the present 
population, which is currently considered nonviable. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, mixed mesic forest or mesic Diospyros 
sandwicensis forest. In addition, it is some distance away from the 
other critical habitat for this species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Diplazium molokaiense--a
    This unit is critical habitat for Diplazium molokaiense and is 368 
ha (909 ac) on State (Molokai Forest Reserve and Olokui NAR) and 
private lands, containing a portion of the western ridge of Wailau 
Valley. This unit provides habitat for one population of 300 mature, 
reproducing individuals of the short-lived perennial Diplazium 
molokaiense and is currently unoccupied. This unit is essential to the 
conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, steep, rocky, wooded gulch walls in wet forests. In addition, it is 
some distance away from the other critical habitat for this species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Eugenia koolauensis--a
    This unit is critical habitat for Eugenia koolauensis and is 471 ha 
(1,164 ac) on private land (Molokai Forest Reserve). The unit contains 
a portion of Naa Puu Kulua and Pohakuloa Summits, and Waiakuilani 
Gulch. This unit provides habitat for 2 populations of 100 mature, 
reproducing individuals of the long-lived perennial Eugenia koolauensis 
and is currently unoccupied. This unit is essential to the conservation 
of the species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, rocky 
gulches or gentle slopes with deep soil. In addition, it is some 
distance away from the other critical habitat for this species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Flueggea neowawraea--a
    This unit is critical habitat for Flueggea neowawraea and is 61 ha 
(151 ac) on State land (Molokai Forest Reserve). The unit contains a 
portion of Waihii Spring and Waianui and Mokomoko Gulches. This unit 
provides habitat for one population of 100 mature, reproducing 
individuals of the long-lived perennial Flueggea neowawraea and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, gulches in 
mesic forest. In addition, it is some distance away from the other 
critical habitat for this species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Hesperomannia arborescens--a
    This unit is critical habitat for Hesperomannia arborescens and is 
160 ha (397 ac) on State (Molokai Forest Reserve and Olokui NAR) and 
private lands. The unit contains a portion of Puukaoku and Wailele 
Falls. This unit provides habitat for one population of 100 mature, 
reproducing individuals of the long-lived perennial Hesperomannia 
arborescens and is currently occupied by 3 plants. This unit is 
essential to the conservation of the species because it supports an 
extant colony of this species and includes habitat that is essential 
for the expansion of the present population, which is currently 
considered nonviable. The habitat features contained in this unit that 
are essential for this species include, but are not limited to, slopes 
or ridges in wet Metrosideros polymorpha-Dicranopteris linearis lowland 
forest or mesic Diospyros sandwicensis-Metrosideros polymorpha lowland 
forest transition zones. In addition, it is some distance away from the 
other critical habitat for this species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Hesperomannia arborescens--b
    This unit is critical habitat for Hesperomannia arborescens and is 
175 ha (432 ac) on State (Molokai Forest Reserve) and private lands, 
containing a portion of Kukuinui Ridge. This unit provides habitat for 
one population of 100 mature, reproducing individuals of the long-lived 
perennial Hesperomannia arborescens and is currently unoccupied. This 
unit is essential to the conservation of the species because it 
supports habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, slopes or ridges in wet Metrosideros 
polymorpha-Dicranopteris linearis lowland forest or mesic Diospyros 
sandwicensis-Metrosideros polymorpha lowland forest transition zones. 
In addition, it is some distance away from the other critical habitat 
for this species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 4--Hibiscus arnottianus ssp. immaculatus--a
    This unit is critical habitat for Hibiscus arnottianus ssp. 
immaculatus and is 56 ha (139 ac) on State land (Kalaupapa National 
Historical Park), containing a portion of Puu Kauwa Summit. This unit, 
in combination with unit 6--Hibiscus arnottianus ssp. immaculatus--b, 
provides habitat for one population of 100 mature, reproducing 
individuals of the long-lived perennial Hibiscus arnottianus ssp. 
immaculatus and is currently unoccupied. This unit is essential to the 
conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, steep sea cliffs in mesic forests. This unit, together with unit 
6--Hibiscus arnottianus ssp. immaculatus--b, is

[[Page 13035]]

geographically separated from the other three units designated as 
critical habitat for this island-endemic species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Hibiscus arnottianus ssp. immaculatus--b
    This unit is critical habitat for Hibiscus arnottianus ssp. 
immaculatus and is 108 ha (268 ac) on State land (Kalaupapa National 
Historical Park and Puu Alii NAR). The unit contains a portion of the 
eastern ridge at the mouth of Waikolu Valley and the coast from Alapai 
to Wainene. This unit, in combination with unit 4--Hibiscus arnottianus 
ssp. immaculatus--a, provides habitat for one population of 100 mature, 
reproducing individuals of the long-lived perennial Hibiscus 
arnottianus ssp. immaculatus and is currently unoccupied. This unit is 
essential to the conservation of the species because it supports 
habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, steep sea cliffs in mesic forests. 
This unit, together with unit 4--Hibiscus arnottianus ssp. 
immaculatus--a, is geographically separated from the other two units 
designated as critical habitat for this island-endemic species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Hibiscus arnottianus ssp. immaculatus--c
    This unit is critical habitat for Hibiscus arnottianus ssp. 
immaculatus and is 218 ha (538 ac) on State (Molokai Forest Reserve and 
Olokui NAR) and private lands. The unit contains a portion of Haloku, 
Oloupena, and Puukaoku, and Wailele Falls, and Olokui and Pohakuulaula 
Summits. This unit provides habitat for 2 populations of 100 mature, 
reproducing individuals of the long-lived perennial Hibiscus 
arnottianus ssp. immaculatus and is currently occupied by 15 to 20 
plants. This unit is essential to the conservation of the species 
because it supports an extant colony of this species and includes 
habitat that is essential for the expansion of the present population, 
which is currently considered nonviable. The habitat features contained 
in this unit that are essential for this species include, but are not 
limited to, steep sea cliffs in mesic forests. This unit is 
geographically separated from the other two units designated as 
critical habitat for this island-endemic species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Hibiscus arnottianus ssp. immaculatus--d
    This unit is critical habitat for Hibiscus arnottianus ssp. 
immaculatus and is 276 ha (681 ac) on State (Molokai Forest Reserve) 
and private lands. The unit contains a portion of Kahiwa Falls and 
Kukuinui Ridge. This unit provides habitat for 3 populations of 100 
mature, reproducing individuals of the long-lived perennial Hibiscus 
arnottianus ssp. immaculatus and is currently occupied by 6 plants. 
This unit is essential to the conservation of the species because it 
supports an extant colony of this species and includes habitat that is 
essential for the expansion of the present population, which is 
currently considered nonviable. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, steep sea cliffs in mesic forests. This unit is geographically 
separated from the other three units designated as critical habitat for 
this island-endemic species, in order to avoid all recovery populations 
from being destroyed by one naturally occurring catastrophic event.
Molokai 9--Hibiscus brackenridgei--a
    This unit is critical habitat for Hibiscus brackenridgei and is 101 
ha (249 ac) on State land, containing a portion of Kamiloloa, just 
above Makakiloia. This unit provides habitat for one population of 300 
mature, reproducing individuals of the short-lived perennial Hibiscus 
brackenridgei and is currently unoccupied. This unit is essential to 
the conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, slopes in lowland dry forest and shrubland. In addition, it is some 
distance away from the other critical habitat for this species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Ischaemum byrone--a
    This unit is critical habitat for Ischaemum byrone and is 30 ha (75 
ac) on State (Olokui NAR) and private lands. The unit contains a 
portion of Puukaoku Point and Wailele Falls. This unit provides habitat 
for one population of 300 mature, reproducing individuals of the short-
lived perennial Ischaemum byrone and is currently occupied by 100 to 
1,000 plants. This unit is essential to the conservation of the species 
because it supports an extant colony of this species and includes 
habitat that is essential for the expansion of the present population. 
The habitat features contained in this unit that are essential for this 
species include, but are not limited to, coastal dry shrubland or 
Artemisia cliff communities near the ocean, among rocks or on basalt 
cliffs or talus slopes. In addition, it is some distance away from the 
other critical habitat for this species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Ischaemum byrone--b
    This unit is critical habitat for Ischaemum byrone and is 29 ha (72 
ac) on private land. The unit contains a portion of Kahiwa and 
Waiahookalo Gulches, Kikipua, Lepau, and Milo Points, and Waiokala 
Cape. This unit provides habitat for one population of 300 mature, 
reproducing individuals of the short-lived perennial Ischaemum byrone 
and is currently occupied by an unknown number of plants. This unit is 
essential to the conservation of the species because it supports an 
extant colony of this species and includes habitat that is essential 
for the expansion of the present population. The habitat features 
contained in this unit that are essential for this species include, but 
are not limited to, coastal dry shrubland or Artemisia cliff 
communities near the ocean, among rocks or on basalt cliffs or talus 
slopes. In addition, it is some distance away from the other critical 
habitat for this species, in order to avoid all recovery populations 
from being destroyed by one naturally occurring catastrophic event.
Molokai 9--Isodendrion pyrifolium--a
    This unit is critical habitat for Isodendrion pyrifolium and is 107 
ha (264 ac) on State land, containing a portion of Kamiloloa, just 
above Makakiloia. This unit provides habitat for one population of 300 
mature, reproducing individuals of the short-lived perennial 
Isodendrion pyrifolium and is currently unoccupied. This unit is 
essential to the conservation of the species because it supports 
habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species

[[Page 13036]]

include, but are not limited to, dry shrublands. In addition, it is 
some distance away from the other critical habitat for this species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Labordia triflora--a
    This unit is critical habitat for Labordia triflora and is 2 ha (5 
ac) on State land (Molokai Forest Reserve), containing a portion of 
Kupaia Gulch. This unit, in combination with unit 6--Labordia 
triflora--b, unit 6--Labordia triflora--c, and lands within TNCH's 
Pelekunu Preserve, provides habitat for 4 populations of 100 mature, 
reproducing individuals of the long-lived perennial Labordia triflora 
and is currently unoccupied. This unit is essential to the conservation 
of the species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, gulch 
slopes in mixed mesic Metrosideros polymorpha forest. This unit, 
together with units 6--Labordia triflora--b and 6--Labordia triflora--
c, is geographically separated from the other three units designated as 
critical habitat for this island-endemic species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Labordia triflora--b
    This unit is critical habitat for Labordia triflora and is 2 ha (6 
ac) on private land (Molokai Forest Reserve), containing a portion of 
the west side of the west fork of Kaweia Gulch. This unit, in 
combination with unit 6--Labordia triflora--a, unit 6--Labordia 
triflora--c, and lands within TNCH's Pelekunu Preserve, provides 
habitat for 4 populations of 100 mature, reproducing individuals of the 
long-lived perennial Labordia triflora and is currently unoccupied. 
This unit is essential to the conservation of the species because it 
supports habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, gulch slopes in mixed mesic 
Metrosideros polymorpha forest. This unit, together with units 6--
Labordia triflora--a and 6--Labordia triflora--c, is geographically 
separated from the other three units designated as critical habitat for 
this island-endemic species, in order to avoid all recovery populations 
from being destroyed by one naturally occurring catastrophic event.
Molokai 6--Labordia triflora--c
    This unit is critical habitat for Labordia triflora and is 13 ha 
(32 ac) on private land (Molokai Forest Reserve), containing a portion 
of the east side of the east fork of Kaweia Gulch, near Puu Kolekole. 
This unit, in combination with unit 6--Labordia triflora--a, unit 6--
Labordia triflora--b, and lands within TNCH's Pelekunu Preserve, 
provide habitat for 4 populations of 100 mature, reproducing 
individuals of the long-lived perennial Labordia triflora and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, gulch 
slopes in mixed mesic Metroside[chyph]ros polymorpha forest. This unit, 
together with units 6--Labordia triflora--a and 6--Labordia triflora--
b, is geographically separated from the other three units designated as 
critical habitat for this island-endemic species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Labordia triflora--d
    This unit is critical habitat for Labordia triflora and is 523 ha 
(1,292 ac) on State (Molokai Forest Reserve) and private lands. The 
unit contains a portion of Kaluaaha, Makalihua, and Maunaoluolu 
Summits, Lae o Kapuna Ridge, and Pelekunu Gulch. This unit provides 
habitat for 4 populations of 100 mature, reproducing individuals of the 
long-lived perennial Labordia triflora and is currently occupied by 10 
plants. This unit is essential to the conservation of the species 
because it supports an extant colony of this species and includes 
habitat that is essential for the expansion of the present population, 
which is currently considered nonviable. The habitat features contained 
in this unit that are essential for this species include, but are not 
limited to, gulch slopes in mixed mesic Metrosideros polymorpha forest. 
This unit is geographically separated from the other three units 
designated as critical habitat for this island-endemic species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Lysimachia maxima--a
    This unit is critical habitat for Lysimachia maxima and is 408 ha 
(1,009 ac) on State land (Kalaupapa National Historical Park, Molokai 
Forest Reserve, and Puu Alii NAR). The unit contains a portion of 
Kalahuapueo, Ohialele, and Puu Kaeo Summits. This unit provides habitat 
for 3 populations of 300 mature, reproducing individuals of the short-
lived perennial Lysimachia maxima and is currently unoccupied. This 
unit is essential to the conservation of the species because it 
supports habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, Metrosideros polymorpha-Dicranopteris 
linearis montane wet forest. This unit is geographically separated from 
the other two units designated as critical habitat for this island-
endemic species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Lysimachia maxima--b
    This unit is critical habitat for Lysimachia maxima and is 441 ha 
(1,090 ac) on State (Molokai Forest Reserve) and private lands. The 
unit contains a portion of Kalapa, Konomanu, and Kalapamoa Ridges, and 
Lehuulua and Puu Haha Summits. This unit provides habitat for 3 
populations of 300 mature, reproducing individuals of the short-lived 
perennial Lysimachia maxima and is currently unoccupied. This unit is 
essential to the conservation of the species because it supports 
habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, Metrosideros polymorpha-Dicranopteris 
linearis montane wet forest. This unit is geographically separated from 
the other two units designated as critical habitat for this island-
endemic species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Lysimachia maxima--c
    This unit is critical habitat for Lysimachia maxima and is 414 ha 
(1,023 ac) on State (Molokai Forest Reserve and Olokui NAR) and private 
lands, containing a portion of Kolo Ridge. This unit provides habitat 
for 3 populations of 300 mature, reproducing individuals of the short-
lived perennial Lysimachia maxima and is currently

[[Page 13037]]

unoccupied. This unit is essential to the conservation of the species 
because it supports habitat that is necessary to the establishment of 
additional populations on Molokai in order to reach recovery goals. The 
habitat features contained in this unit that are essential for this 
species include, but are not limited to, Metrosideros polymorpha-
Dicranopteris linearis montane wet forest. This unit is geographically 
separated from the other two units designated as critical habitat for 
this island-endemic species, in order to avoid all recovery populations 
from being destroyed by one naturally occurring catastrophic event.
Molokai 6--Mariscus fauriei--a
    This unit is critical habitat for Mariscus fauriei and is 9 ha (22 
ac) on State land (Molokai Forest Reserve), containing a portion of 
Kaunakakai Gulch. This unit provides habitat for one population of 300 
mature, reproducing individuals of the short-lived perennial Mariscus 
fauriei and is currently unoccupied. This unit is essential to the 
conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, Diospyros sandwicensis-dominated lowland dry forest, which is 
unique to Molokai for this species. In addition, it is some distance 
away from the other critical habitat for this species, in order to 
avoid all recovery populations from being destroyed by one naturally 
occurring catastrophic event.
Molokai 6--Mariscus fauriei--b
    This unit is critical habitat for Mariscus fauriei and is 307 ha 
(758 ac) on State (Molokai Forest Reserve) and private lands, 
containing a portion of Ooa Summit. This unit provides habitat for 3 
populations of 300 mature, reproducing individuals of the short-lived 
perennial Mariscus fauriei and is currently occupied by 20 to 30 
plants. This unit is essential to the conservation of the species 
because it supports an extant colony of this species and includes 
habitat that is essential for the expansion of the present population, 
which is currently considered nonviable. The habitat features contained 
in this unit that are essential for this species include, but are not 
limited to, Diospyros sandwicensis-dominated lowland dry forest, which 
is unique to Molokai for this species. In addition, it is some distance 
away from the other critical habitat for this species, in order to 
avoid all recovery populations from being destroyed by one naturally 
occurring catastrophic event.
Molokai 6--Melicope mucronulata--a
    This unit is critical habitat for Melicope mucronulata and is 84 ha 
(206 ac) on State land (Molokai Forest Reserve). The unit contains a 
portion of Waihii Spring and Waianui Gulch. This unit provides habitat 
for one population of 100 mature, reproducing individuals of the long-
lived perennial Melicope mucronulata and is currently unoccupied. This 
unit is essential to the conservation of the species because it 
supports habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, steep, west- or north-facing slopes in 
mesic Diospyros sandwicensis-Metrosideros polymorpha forest, M. 
polymorpha-Dodonaea viscosa shrubland, or M. polymorpha-Styphelia 
tameiameiae shrubland. In addition, it is some distance away from the 
other critical habitat for this species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Melicope mucronulata--b
    This unit is critical habitat for Melicope mucronulata and is 84 ha 
(208 ac) on State (Molokai Forest Reserve) and private lands. The unit 
contains a portion of Kapuna Spring and Mokomoko Gulch. This unit 
provides habitat for one population of 100 mature, reproducing 
individuals of the long-lived perennial Melicope mucronulata and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, steep, 
west- or north-facing slopes in mesic Diospyros sandwicensis-
Metrosideros polymorpha forest, M. polymorpha-Dodonaea viscosa 
shrubland, or M. polymorpha-Styphelia tameiameiae shrubland. In 
addition, it is some distance away from the other critical habitat for 
this species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Melicope mucronulata--c
    This unit is critical habitat for Melicope mucronulata and is 72 ha 
(177 ac) on private land (Molokai Forest Reserve), containing a portion 
of Kuhuaawi Gulch. This unit, in combination with unit 6--Melicope 
mucronulata--d, provides habitat for one population of 100 mature, 
reproducing individuals of the long-lived perennial Melicope 
mucronulata and is currently unoccupied. This unit is essential to the 
conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, steep, west- or north-facing slopes in mesic Diospyros 
sandwicensis-Metrosideros polymorpha forest, M. polymorpha-Dodonaea 
viscosa shrubland, or M. polymorpha-Styphelia tameiameiae shrubland. 
This unit, together with the other unit, provides for one population 
within this multi-island species' historical range on Molokai that is 
some distance away from the other critical habitat for this species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 6--Melicope mucronulata--d
    This unit is critical habitat for Melicope mucronulata and is 127 
ha (314 ac) on State (Molokai Forest Reserve) and private lands. The 
unit contains a portion of Kaunakakai and Kapaakea Gulches. This unit 
in combination, with unit 6--Melicope mucronulata--c, provides habitat 
for one population of 100 mature, reproducing individuals of the long-
lived perennial Melicope mucronulata and is currently unoccupied. This 
unit is essential to the conservation of the species because it 
supports habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, steep, west- or north-facing slopes in 
mesic Diospyros sandwicensis-Metrosideros polymorpha forest, M. 
polymorpha-Dodonaea viscosa shrubland, or M. polymorpha-Styphelia 
tameiameiae shrubland. This unit, together with the other unit, 
provides for one population within this multi-island species' 
historical range on Molokai that is some distance away from the other 
critical habitat for this species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.

[[Page 13038]]

Molokai 6--Melicope mucronulata--e
    This unit is critical habitat for Melicope mucronulata and is 89 ha 
(221 ac) on State (Molokai Forest Reserve) and private lands. The unit 
contains a portion of Pelekunu, Ohia, Manawai, and Kahananui Gulches. 
This unit provides habitat for one population of 100 mature, 
reproducing individuals of the long-lived perennial Melicope 
mucronulata and is currently unoccupied. This unit is essential to the 
conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, steep, west- or north-facing slopes in mesic Diospyros 
sandwicensis-Metrosideros polymorpha forest, M. polymorpha-Dodonaea 
viscosa shrubland, or M. polymorpha-Styphelia tameiameiae shrubland. In 
addition, it is some distance away from the other critical habitat for 
this species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Melicope reflexa--a
    This unit is critical habitat for Melicope reflexa and is 484 ha 
(1,195 ac) on State (Molokai Forest Reserve and Olokui NAR) and private 
lands. The unit contains a portion of Kapapa Pali, Olokui and 
Pohakuulaula Summits. This unit provides habitat for 2 populations of 
100 mature, reproducing individuals of the long-lived perennial 
Melicope reflexa and is currently unoccupied. This unit is essential to 
the conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, wet Metrosideros polymorpha-dominated forest. This unit is 
geographically separated from the other unit designated as critical 
habitat for this island-endemic species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Melicope reflexa--b
    This unit is critical habitat for Melicope reflexa and is 2,226 ha 
(5,500 ac) on State (Molokai Forest Reserve) and private lands. The 
unit contains a portion of Kahiwa and Papalaua Falls, Kaholoapele, 
Kamakou, Kaunupahu, Kawaiuliuli, Keahiakalio, Naehu, Pakui, Pohakuloa, 
Puu Lua, Puu o Wahaula, Puu Ohelo, Puuau, Uapa, and Waiopipi Summits, 
and Kapea Stream. This unit provides habitat for 6 populations of 100 
mature, reproducing individuals of the long-lived perennial Melicope 
reflexa and is currently occupied by an unknown number of plants. This 
unit is essential to the conservation of the species because it 
supports an extant colony of this species and includes habitat that is 
essential for the expansion of the present population, which is 
currently considered nonviable. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, wet Metrosideros polymorpha-dominated forest. This unit is 
geographically separated from the other unit designated as critical 
habitat for this island-endemic species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Neraudia sericea--a
    This unit is critical habitat for Neraudia sericea and is 116 ha 
(286 ac) on private land (Molokai Forest Reserve), located just below 
Puu Kolekole. This unit provides habitat for 6 populations of 300 
mature, reproducing individuals of the short-lived perennial Neraudia 
sericea and is currently occupied by 50 to 100 plants. This unit is 
essential to the conservation of the species because it supports an 
extant colony of this species and includes habitat that is essential 
for the expansion of the present population, which is currently 
considered nonviable. The habitat features contained in this unit that 
are essential for this species include, but are not limited to, gulch 
slopes and bottoms in lowland dry to mesic Metrosideros polymorpha-
Dodonaea viscosa-Styphelia tameiameiae shrubland or forest. In 
addition, it is some distance away from the other critical habitat for 
this species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 5--Peucedanum sandwicense--a
    This unit is critical habitat for Peucedanum sandwicense and is 4 
ha (10 ac) on State land (Mokapu Bird Sanctuary). This unit is Mokapu 
Island. This unit provides habitat for one population of 300 mature, 
reproducing individuals of the short-lived perennial Peucedanum 
sandwicense and is currently occupied by an unknown number of plants. 
This unit is essential to the conservation of the species because it 
supports an extant colony of this species and includes habitat that is 
essential for the expansion of the present population, which is 
currently considered nonviable. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, cliff habitats in brown soil and talus in Chamaesyce celastroides 
var. amplectans-Chenopodium oahuense coastal dry shrubland or Diospyros 
sandwicensis forest. In addition, it is some distance away from the 
other critical habitat for this species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Peucedanum sandwicense--b
    This unit is critical habitat for Peucedanum sandwicense and is 61 
ha (151 ac) on State land (Kalaupapa National Historical Park). The 
unit contains a portion of Alapai Beach and Leinaopapio Point. This 
unit provides habitat for one population of 300 mature, reproducing 
individuals of the short-lived perennial Peucedanum sandwicense and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, cliff 
habitats in brown soil and talus in Chamaesyce celastroides var. 
amplectans-Chenopodium oahuense coastal dry shrubland or Diospyros 
sandwicensis forest. In addition, it is some distance away from the 
other critical habitat for this species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Peucedanum sandwicense--c
    This unit is critical habitat for Peucedanum sandwicense and is 84 
ha (208 ac) on private land. The unit contains a portion of Kahiwa 
Falls, Lepau Point, Waiokala Cape, and Waiahookalo Gulch. This unit 
provides habitat for one population of 300 mature, reproducing 
individuals of the short-lived perennial Peucedanum sandwicense and is 
currently occupied by 7 to 8 plants. This unit is essential to the 
conservation of the species because it supports an extant colony of 
this species and includes habitat that is essential for the expansion 
of the present population, which is currently considered nonviable. The 
habitat features contained in this unit that are

[[Page 13039]]

essential for this species include, but are not limited to, cliff 
habitats in brown soil and talus in Chamaesyce celastroides var. 
amplectans-Chenopodium oahuense coastal dry shrubland or Diospyros 
sandwicensis forest. In addition, it is some distance away from the 
other critical habitat for this species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Phyllostegia mannii--a
    This unit is critical habitat for Phyllostegia mannii and is 480 ha 
(1,185 ac) on State land (Kalaupapa National Historical Park and Puu 
Alii NAR), containing a portion of Ohialele Summit. This unit provides 
habitat for 2 populations of 300 mature, reproducing individuals of the 
short-lived perennial Phyllostegia mannii and is currently unoccupied. 
This unit is essential to the conservation of the species because it 
supports habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, shaded sites in foggy and windswept, 
wet, open Metrosideros polymorpha-dominated montane forest, unique to 
Molokai for this species. In addition, it is some distance away from 
the other critical habitat for this species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Phyllostegia mannii--b
    This unit is critical habitat for Phyllostegia mannii and is 496 ha 
(1,226 ac) on State (Molokai Forest Reserve) and private lands. The 
unit contains a portion of Kaholoapele, Kamakou, Pakui, Puu o Wahaula, 
and Uapa Summits, and Kalapa Konomanu and Kuana Ridges. This unit 
provides habitat for 2 populations of 300 mature, reproducing 
individuals of the short-lived perennial Phyllostegia mannii and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, shaded 
sites in foggy and windswept, wet, open Metrosideros polymorpha-
dominated montane forest, unique to Molokai for this species. In 
addition, it is some distance away from the other critical habitat for 
this species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Phyllostegia mannii--c
    This unit is critical habitat for Phyllostegia mannii and is 452 ha 
(1,117 ac) on State (Molokai Forest Reserve, Olokui NAR) and private 
lands. The unit contains a portion of Kapapa Pali, and Olokui and 
Pohakuulaula Summits. This unit provides habitat for 3 populations of 
300 mature, reproducing individuals of the short-lived perennial 
Phyllostegia mannii and is currently unoccupied. This unit is essential 
to the conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, shaded sites in foggy and windswept, wet, open Metrosideros 
polymorpha-dominated montane forest, unique to Molokai for this 
species. In addition, it is some distance away from the other critical 
habitat for this species, in order to avoid all recovery populations 
from being destroyed by one naturally occurring catastrophic event.
Molokai 6--Plantago princeps--a
    This unit is critical habitat for Plantago princeps and is 52 ha 
(129 ac) on private land (Molokai Forest Reserve). The unit contains a 
portion of Kakakawawai and Puu Kolekole Summits. This unit provides 
habitat for one population of 300 mature, reproducing individuals of 
the short-lived perennial Plantago princeps and is currently 
unoccupied. This unit is essential to the conservation of the species 
because it supports habitat that is necessary to the establishment of 
additional populations on Molokai in order to reach recovery goals. The 
habitat features contained in this unit that are essential for this 
species include, but are not limited to, streambanks in Metrosideros 
polymorpha lowland mesic forest. In addition, it is some distance away 
from the other critical habitat for this species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Pteris lidgatei--a
    This unit is critical habitat for Pteris lidgatei and is 1,227 ha 
(3,031 ac) on State (Molokai Forest Reserve and Olokui NAR) and private 
lands. The unit contains a portion of Kolo and Pohakaunoho Ridges. This 
unit provides habitat for 3 populations of 300 mature, reproducing 
individuals of the short-lived perennial Pteris lidgatei and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, steep 
streambanks in wet forest. In addition, it is some distance away from 
the other critical habitat for this species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Schiedea lydgatei--a
    This unit is critical habitat for Schiedea lydgatei and is 261 ha 
(645 ac) on State (Molokai Forest Reserve) and private lands. The unit 
contains a portion of Onini and Kawela Gulch. This unit provides 
habitat for 6 populations of 300 mature, reproducing individuals of the 
short-lived perennial Schiedea lydgatei and is currently occupied by 
over 300 plants. This unit is essential to the conservation of the 
species because it supports an extant colony of this species and 
includes habitat that is essential for the expansion of the present 
population, which is currently considered nonviable. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, ridges in dry to mesic grassland, 
shrubland, or forest. This unit is geographically separated from the 
other unit designated as critical habitat for this island-endemic 
species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Schiedea lydgatei--b
    This unit is critical habitat for Schiedea lydgatei and is 163 ha 
(403 ac) on private land (Molokai Forest Reserve). The unit contains a 
portion of Kapuaokoolau and Waiakuilani Gulches. This unit provides 
habitat for 4 populations of 300 mature, reproducing individuals of the 
short-lived perennial Schiedea lydgatei and is currently occupied by 
thousands of plants. This unit is essential to the conservation of the 
species because it supports an extant colony of this species and 
includes habitat that is essential for the expansion of the present 
population. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, ridges in 
dry to mesic grassland, shrubland, or forest. This unit is 
geographically separated from the other unit designated

[[Page 13040]]

as critical habitat for this island-endemic species, in order to avoid 
all recovery populations from being destroyed by one naturally 
occurring catastrophic event.
Molokai 6--Schiedea nuttallii--a
    This unit is critical habitat for Schiedea nuttallii and is 138 ha 
(340 ac) on State land (Puu Alii NAR), containing a portion of the 
eastern ridge of Waikolu Valley. This unit provides habitat for one 
population of 100 mature, reproducing individuals of the long-lived 
perennial Schiedea nuttallii and is currently unoccupied. This unit is 
essential to the conservation of the species because it supports 
habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, streamside grottos in wet Metrosideros 
polymorpha-Cheirodendron trigynum forest, unique to Molokai for this 
species. In addition, it is some distance away from the other critical 
habitat for this species, in order to avoid all recovery populations 
from being destroyed by one naturally occurring catastrophic event.
Molokai 6--Schiedea nuttallii--b
    This unit is critical habitat for Schiedea nuttallii and is 127 ha 
(313 ac) on private land, containing a portion of Lehuula Summit. This 
unit provides habitat for one population of 100 mature, reproducing 
individuals of the long-lived perennial Schiedea nuttallii and is 
currently unoccupied. This unit is essential to the conservation of the 
species because it supports habitat that is necessary to the 
establishment of additional populations on Molokai in order to reach 
recovery goals. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, streamside 
grottos in wet Metrosideros polymorpha-Cheirodendron trigynum forest, 
unique to Molokai for this species. In addition, it is some distance 
away from the other critical habitat for this species, in order to 
avoid all recovery populations from being destroyed by one naturally 
occurring catastrophic event.
Molokai 6--Schiedea sarmentosa--a
    This unit is critical habitat for Schiedea sarmentosa and is 608 ha 
(1,502 ac) on State (Molokai Forest Reserve) and private lands, 
containing a portion of Kupaia Gulch. This unit provides habitat for 4 
populations of 300 mature, reproducing individuals of the short-lived 
perennial Schiedea sarmentosa and is currently occupied by an unknown 
number of plants. This unit is essential to the conservation of the 
species because it supports an extant colony of this species and 
includes habitat that is essential for the expansion of the present 
population, which is currently considered nonviable. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, slopes in Metrosideros polymorpha-
Dodonaea viscosa lowland dry or mesic shrubland or dry to mesic forest. 
This unit is geographically separated from the other unit designated as 
critical habitat for this island-endemic species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Schiedea sarmentosa--b
    This unit is critical habitat for Schiedea sarmentosa and is 266 ha 
(657 ac) on private land (Molokai Forest Reserve), containing a portion 
of Na Puu Kula Summit. This unit provides habitat for 3 populations of 
300 mature, reproducing individuals of the short-lived perennial 
Schiedea sarmentosa and is currently occupied by over 1,100 plants. 
This unit is essential to the conservation of the species because it 
supports an extant colony of this species and includes habitat that is 
essential for the expansion of the present population. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, slopes in Metrosideros polymorpha-
Dodonaea viscosa lowland dry or mesic shrubland or dry to mesic forest. 
This unit is geographically separated from the other unit designated as 
critical habitat for this island-endemic species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 2--Sesbania tomentosa--a
    This unit is critical habitat for Sesbania tomentosa and is 58 ha 
(143 ac) on State and private lands. The unit contains a portion of 
Anahaki Gulch, and Hinanaulua, Kahinaakalani, and Naaukahihi Capes. 
This unit provides habitat for one population of 300 mature, 
reproducing individuals of the short-lived perennial Sesbania tomentosa 
and is currently occupied by 114 plants. This unit is essential to the 
conservation of the species because it supports an extant colony of 
this species and includes habitat that is essential for the expansion 
of the present population, which is currently considered nonviable. The 
habitat features contained in this unit that are essential for this 
species include, but are not limited to, Scaevola sericea coastal dry 
shrubland on windswept slopes, sea cliffs and weathered basaltic 
slopes, unique to Molokai for this species. In addition, it is some 
distance away from the other critical habitat for this species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.
Molokai 9--Sesbania tomentosa--b
    This unit is critical habitat for Sesbania tomentosa and is 88 ha 
(217 ac) on State land, containing a portion of Kamiloloa, just above 
Makakiloia. This unit provides habitat for one population of 300 
mature, reproducing individuals of the short-lived perennial Sesbania 
tomentosa and is currently unoccupied. This unit is essential to the 
conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, Scaevola sericea coastal dry shrubland on windswept slopes, sea 
cliffs and weathered basaltic slopes, unique to Molokai for this 
species. In addition, it is some distance away from the other critical 
habitat for this species, in order to avoid all recovery populations 
from being destroyed by one naturally occurring catastrophic event.
Molokai 6--Silene alexandri--a
    This unit is critical habitat for Silene alexandri and is 608 ha 
(1,502 ac) on State (Molokai Forest Reserve) and private lands, 
containing a portion of Kupaia Gulch. This unit provides habitat for 4 
populations of 300 mature, reproducing individuals of the short-lived 
perennial Silene alexandri and is currently unoccupied. This unit is 
essential to the conservation of the species because it supports 
habitat that is necessary to the establishment of additional 
populations on Molokai in order to reach recovery goals. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, moderate to steep slopes or cliffs in 
dry forest. This unit is geographically separated from the other unit 
designated as critical habitat for this island-endemic species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.

[[Page 13041]]

Molokai 6--Silene alexandri--b
    This unit is critical habitat for Silene alexandri and is 266 ha 
(657 ac) on private land (Molokai Forest Reserve), containing a portion 
of Na Puu Kulua Summit. This unit provides habitat for 3 populations of 
300 mature, reproducing individuals of the short-lived perennial Silene 
alexandri and is currently unoccupied. This unit is essential to the 
conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, moderate to steep slopes or cliffs in dry forest. This unit is 
geographically separated from the other unit designated as critical 
habitat for this island-endemic species, in order to avoid all recovery 
populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Silene lanceolata--a
    This unit is critical habitat for Silene lanceolata and is 289 ha 
(714 ac) on private land (Molokai Forest Reserve). The unit contains a 
portion of Pohakuloa Summit, and Kapuakoolau and Waiakuilani Gulches. 
This unit provides habitat for 2 populations of 300 mature, reproducing 
individuals of the short-lived perennial Silene lanceolata and is 
currently occupied by 100 plants. This unit is essential to the 
conservation of the species because it supports an extant colony of 
this species and includes habitat that is essential for the expansion 
of the present population, which is currently considered nonviable. The 
habitat features contained in this unit that are essential for this 
species include, but are not limited to, gulch slopes, ridge tops, and 
cliffs in dry to mesic shrubland, unique to Molokai for this species. 
In addition, it is some distance away from the other critical habitat 
for this species, in order to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 6--Spermolepis hawaiiensis--a
    This unit is critical habitat for Spermolepis hawaiiensis and is 85 
ha (211 ac) on private land (Molokai Forest Reserve). The unit contains 
a portion of Kapuakoolau and Waiakuilani Gulches. This unit provides 
habitat for one population of 500 mature, reproducing individuals of 
the annual Spermolepis hawaiiensis and is currently occupied by 600 
plants. This unit is essential to the conservation of the species 
because it supports an extant colony of this species and includes 
habitat that is essential for the expansion of the present population. 
The habitat features contained in this unit that are essential for this 
species include, but are not limited to, ridge crests and gulch slopes 
in dry to mesic shrubland. In addition, it is some distance away from 
the other critical habitat for this species, in order to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 6--Stenogyne bifida--a
    This unit is critical habitat for Stenogyne bifida and is 585 ha 
(1,445 ac) on State (Molokai Forest Reserve) and private lands. The 
unit contains a portion of Kakakawawai, Lehuula, Puu Haha, and Puu 
Kolekole Summits, and Kalapa Konomanu and Kalapamoa Ridges. This unit 
provides habitat for 3 populations of 300 mature, reproducing 
individuals of the short-lived perennial Stenogyne bifida and is 
currently occupied by one plant. This unit is essential to the 
conservation of the species because it supports an extant colony of 
this species and includes habitat that is essential for the expansion 
of the present population, which is currently considered nonviable. The 
habitat features contained in this unit that are essential for this 
species include, but are not limited to, gulch slopes in Metrosideros 
polymorpha-dominated montane mesic to wet forest. This unit is of 
appropriate size so that each potential recovery population of this 
island-endemic species is geographically separated enough to avoid 
their destruction by one naturally occurring catastrophic event.
Molokai 1--Tetramolopium rockii--a
    This unit is critical habitat for Tetramolopium rockii and is 68 ha 
(167 ac) on private land. The unit contains a portion of Manalo Gulch 
and the area between the two radio towers to the west of Manalo Gulch. 
This unit provides habitat for one population of 300 mature, 
reproducing individuals of the short-lived perennial Tetramolopium 
rockii and is currently unoccupied. This unit is essential to the 
conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, hardened calcareous sand dunes or ash-covered basalt in the coastal 
spray zone or coastal dry shrubland and grassland. Although we do not 
believe that enough habitat currently exists to reach the recovery goal 
of 8 to 10 populations for this species, this unit is geographically 
separated from the other three units designated as critical habitat for 
this island-endemic species to avoid all recovery populations from 
being destroyed by one naturally occurring catastrophic event.
Molokai 2--Tetramolopium rockii--b
    This unit is critical habitat for Tetramolopium rockii and is 112 
ha (278 ac) on State and private lands. The unit contains a portion of 
Anahaki Gulch and Kahinaakalani and Naaukahihi Capes. This unit 
provides habitat for one population of 300 mature, reproducing 
individuals of the short-lived perennial Tetramolopium rockii based on 
the recovery criteria listed in the recovery plan and is currently 
occupied by 40,000 plants. This unit is essential to the conservation 
of the species because it supports an extant colony of this species and 
includes habitat that is essential for the expansion of the present 
population. The habitat features contained in this unit that are 
essential for this species include, but are not limited to, hardened 
calcareous sand dunes or ash-covered basalt in the coastal spray zone 
or coastal dry shrubland and grassland. Although we do not believe that 
enough habitat currently exists to reach the recovery goal of 8 to 10 
populations for this species, this unit is geographically separated 
from the other three units designated as critical habitat for this 
island-endemic species to avoid all recovery populations from being 
destroyed by one naturally occurring catastrophic event.
Molokai 3--Tetramolopium rockii--c
    This unit is critical habitat for Tetramolopium rockii and is 105 
ha (260 ac) on State and Federal lands (Kalaupapa National Historical 
Park). The unit contains a portion of Lae Hoolehua, Kaupikiawa, 
Makalii, and Mokio Capes. This unit provides habitat for one population 
of 300 mature, reproducing individuals of the short-lived perennial 
Tetramolopium rockii based on the recovery criteria listed in the 
recovery plan and is currently occupied by 50,000 plants. This unit is 
essential to the conservation of the species because it supports an 
extant colony of this species and includes habitat that is essential 
for the expansion of the present population. The habitat features 
contained in this unit that are essential for this species include, but 
are not limited to, hardened calcareous sand dunes or ash-covered 
basalt in the coastal spray zone or coastal dry shrubland and 
grassland.

[[Page 13042]]

Although we do not believe that enough habitat currently exists to 
reach the recovery goal of 8 to 10 populations for this species, this 
unit is geographically separated from the other three units designated 
as critical habitat for this island-endemic species to avoid all 
recovery populations from being destroyed by one naturally occurring 
catastrophic event.
Molokai 5--Tetramolopium rockii--d
    This unit is critical habitat for Tetramolopium rockii and is 4 ha 
(10 ac) on State lands (Mokapu Bird Sanctuary). The unit is Mokapu 
Island. This unit provides habitat for one population of 300 mature, 
reproducing individuals of the short-lived perennial Tetramolopium 
rockii and is currently unoccupied. This unit is essential to the 
conservation of the species because it supports habitat that is 
necessary to the establishment of additional populations on Molokai in 
order to reach recovery goals. The habitat features contained in this 
unit that are essential for this species include, but are not limited 
to, hardened calcareous sand dunes or ash-covered basalt in the coastal 
spray zone or coastal dry shrubland and grassland. Although we do not 
believe that enough habitat currently exists to reach the recovery goal 
of 8 to 10 populations for this species, this unit is geographically 
separated from the other three units designated as critical habitat for 
this island-endemic species to avoid all recovery populations from 
being destroyed by one naturally occurring catastrophic event.
Molokai 6--Zanthoxylum hawaiiense--a
    This unit is critical habitat for Zanthoxylum hawaiiense and is 259 
ha (640 ac) on private land (Molokai Forest Reserve). The unit contains 
a portion of Kapuakoolau and Waiakuilani Gulches. This unit provides 
habitat for one population of 100 mature, reproducing individuals of 
the long-lived perennial Zanthoxylum hawaiiense and is currently 
occupied by 3 plants. This unit is essential to the conservation of the 
species because it supports an extant colony of this species and 
includes habitat that is essential for the expansion of the present 
population, which is currently considered nonviable. The habitat 
features contained in this unit that are essential for this species 
include, but are not limited to, gulch slopes in mesic Metrosideros 
polymorpha or Diospyros sandwicensis forest. In addition, it is some 
distance away from the other critical habitat for this species, in 
order to avoid all recovery populations from being destroyed by one 
naturally occurring catastrophic event.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out are 
not likely to destroy or adversely modify critical habitat. Destruction 
or adverse modification of critical habitat occurs when a Federal 
action directly or indirectly alters critical habitat to the extent 
that it appreciably diminishes the value of critical habitat for the 
conservation of the species. Individuals, organizations, States, local 
governments, and other non-Federal entities are directly affected by 
the designation of critical habitat only if their actions occur on 
Federal lands, require a Federal permit, license, or other 
authorization, or involve Federal funding.
    Section 7(a) of the Act requires Federal agencies, including the 
Service, to evaluate their actions with respect to any species that is 
proposed or listed as endangered or threatened, and with respect to its 
critical habitat, if any is designated or proposed. Regulations 
implementing this interagency cooperation provision of the Act are 
codified at 50 CFR part 402. Section 7(a)(4) of the Act requires 
Federal agencies (action agency) to confer with us on any action that 
is likely to jeopardize the continued existence of a species proposed 
for listing or result in the destruction or adverse modification of 
proposed critical habitat. Conference reports provide conservation 
recommendations to assist the action agency in eliminating conflicts 
that may be caused by the proposed action. The conservation measures in 
a conference report are advisory.
    We may issue a formal conference report, if requested by the 
Federal action agency. Formal conference reports include an opinion 
that is prepared according to 50 CFR 402.14, as if the species were 
listed or critical habitat designated. We may adopt the formal 
conference report as the biological opinion when the species is listed 
or critical habitat designated, if no substantial new information or 
changes in the action alter the content of the opinion (see 50 CFR 
402.10(d)).
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that actions 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of that species or destroy or adversely modify its 
critical habitat. If a Federal action may affect a listed species or 
its critical habitat, the responsible Federal action agency must enter 
into consultation with us. Through this consultation, the action agency 
would ensure that the permitted actions do not destroy or adversely 
modify critical habitat.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions under certain 
circumstances, including instances when critical habitat is 
subsequently designated and the Federal agency has retained 
discretionary involvement, or control over the action has been retained 
or is authorized by law. Consequently, some Federal agencies may 
request reinitiation of consultation or conferencing with us on actions 
for which formal consultation has been completed, if those actions may 
affect designated critical habitat or adversely modify or destroy 
proposed critical habitat.
    If we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we also provide ``reasonable and prudent alternatives'' to the 
project, if any are identifiable. Reasonable and prudent alternatives 
are defined at 50 CFR 402.02 as alternative actions identified during 
formal consultation that can be implemented in a manner consistent with 
the intended purpose of the action, that are consistent with the scope 
of the Federal agency's legal authority and jurisdiction, that are 
economically and technologically feasible, and that we believe would 
avoid the likelihood of resulting in the destruction or adverse 
modification of critical habitat. Reasonable and prudent alternatives 
can vary from slight project modifications to extensive redesign or 
relocation of the project. Costs associated with implementing a 
reasonable and prudent alternative are similarly variable.
    Activities on Federal lands that may affect critical habitat of 
Adenophorus periens, Alectryon macrococcus, Bidens wiebkei, Brighamia 
rockii, Canavalia molokaiensis, Centaurium sebaeoides, Clermontia 
oblongifolia ssp. brevipes, Ctenitis squamigera, Cyanea dunbarii, 
Cyanea grimesiana ssp. grimesiana, Cyanea mannii, Cyanea procera, 
Diellia erecta, Diplazium molokaiense, Eugenia koolauensis, Flueggea 
neowawraea, Hesperomannia arborescens, Hibiscus arnottianus ssp. 
immaculatus, Hibiscus brackenridgei, Ischaemum byrone, Isodendrion 
pyrifolium, Labordia triflora, Lysimachia maxima, Mariscus fauriei, 
Melicope mucronulata, Melicope reflexa, Neraudia sericea,

[[Page 13043]]

Peucedanum sandwicense, Phyllostegia mannii, Plantago princeps, Pteris 
lidgatei, Schiedea lydgatei, Schiedea nuttallii, Schiedea sarmentosa, 
Sesbania tomentosa, Silene alexandri, Silene lanceolata, Spermolepis 
hawaiiensis, Stenogyne bifida, Tetramolopium rockii, and Zanthoxylum 
hawaiiense will require section 7 consultation. Activities on private 
or State lands requiring a permit from a Federal agency (such as a 
permit from the U.S. Army Corps of Engineers (Corps) under section 404 
of the Clean Water Act (33 U.S.C. 1344 et seq.)), the Department of 
Housing and Urban Development, or a section 10(a)(1)(B) permit from us; 
or some other Federal action, including funding (e.g., from the Federal 
Highway Administration, Federal Aviation Administration (FAA), Federal 
Emergency Management Agency (FEMA), Environmental Protection Agency 
(EPA), or Department of Energy), regulation of airport improvement 
activities by the FAA, and construction of communication sites licensed 
by the Federal Communications Commission (FCC), will also continue to 
be subject to the section 7 consultation process. Federal actions not 
affecting critical habitat and actions on non-Federal lands that are 
not federally funded, authorized, or permitted do not require section 7 
consultation.
    Section 4(b)(8) of the Act requires us to briefly describe and 
evaluate in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may adversely 
modify that habitat or that may be affected by that designation. We 
note that such activities may also jeopardize the continued existence 
of the species.
    Activities that, when carried out, funded, or authorized by a 
Federal agency, may directly or indirectly destroy or adversely modify 
critical habitat include, but are not limited to:
    (1) Activities that appreciably degrade or destroy the primary 
constituent elements including, but not limited to: Overgrazing; 
maintenance of feral ungulates; clearing or cutting of native live 
trees and shrubs, whether by burning or mechanical, chemical, or other 
means (e.g., woodcutting, bulldozing, construction, road building, 
mining, herbicide application); introducing or enabling the spread of 
non-native species; and taking actions that pose a risk of fire;
    (2) Activities that alter watershed characteristics in ways that 
would appreciably reduce groundwater recharge or alter natural, dynamic 
wetland or other vegetative communities. Such activities may include 
water diversion or impoundment, excess groundwater pumping, 
manipulation of vegetation such as timber harvesting, residential and 
commercial development, and grazing of livestock that degrades 
watershed values;
    (3) Rural residential construction that includes concrete pads for 
foundations and the installation of septic systems in wetlands where a 
permit under section 404 of the Clean Water Act would be required by 
the Corps;
    (4) Recreational activities that appreciably degrade vegetation;
    (5) Mining of sand or other minerals;
    (6) Introducing or encouraging the spread of non-native plant 
species into critical habitat units; and
    (7) Importation of non-native species for research, agriculture, 
and aquaculture, and the release of biological control agents that 
would have unanticipated effects on the listed species and the primary 
constituent elements of their habitat.
    If you have questions regarding whether specific activities will 
likely constitute adverse modification of critical habitat, contact the 
Field Supervisor, Pacific Islands Ecological Services Field Office (see 
ADDRESSES section). Requests for copies of the regulations on listed 
plants and animals, and inquiries about prohibitions and permits may be 
addressed to the U.S. Fish and Wildlife Service, Branch of Endangered 
Species/Permits, 911 N.E. 11th Ave., Portland, OR 97232-4181 (telephone 
503/231-2063; facsimile 503/231-6243).

Analysis of Impacts Under Section 4(b)(2)

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific information available, and 
to consider the economic and other relevant impacts of designating a 
particular area as critical habitat. We may exclude areas from critical 
habitat upon a determination that the benefits of such exclusions 
outweigh the benefits of specifying such areas as critical habitat. We 
cannot exclude such areas from critical habitat when such exclusion 
will result in the extinction of the species concerned.

Economic Impacts

    Following the publication of the revised proposed critical habitat 
designation on April 5, 2002, a draft economic analysis was prepared to 
estimate the potential economic impact of the proposed designation in 
accordance with the N.M. Cattlegrowers Ass'n v. U.S. Fish and Wildlife 
Serv., 248 F.3d 1277 (10th Cir. 2001). The draft analysis was made 
available for review on August 12, 2002 (67 FR 52419). We accepted 
comments on the draft analysis until September 30, 2002.
    Our draft economic analysis evaluated the potential direct and 
indirect economic impacts associated with the proposed critical habitat 
designation for the 46 Molokai plant species over the next ten years. 
Direct impacts are those related to consultations under section 7 of 
the Act. They include the cost of completing the section 7 consultation 
process and potential project modifications resulting from the 
consultation. Indirect impacts are secondary costs and benefits not 
directly related to the Act. Examples of indirect impacts include 
potential effects to property values, potential effects of 
redistricting of land from agricultural or urban to conservation, and 
social welfare benefits of ecological improvements.
    The categories of potential direct and indirect costs considered in 
the analysis included the costs associated with: (1) Conducting section 
7 consultations associated with the listing or with the critical 
habitat, including incremental consultations and technical assistance; 
(2) modifications to projects, activities, or land uses resulting from 
the section 7 consultations; (3) uncertainty and public perceptions 
resulting from the designation of critical habitat including potential 
indirect costs resulting from the loss of hunting opportunities and the 
interaction of State and local laws; and (4) potential offsetting 
beneficial costs associated with critical habitat, including 
educational benefits. The most likely economic effects of critical 
habitat designation are on activities funded, authorized, or carried 
out by a Federal agency (i.e., direct costs).
    The draft economic analysis included an evaluation of the economic 
impacts associated implementation of the section 7 provisions of the 
Act for the 46 Molokai plant species. To quantify the proportion of 
total potential economic impacts attributable to section 7 
implementation, including both the section 7 listing provisions and the 
proposed critical habitat designation, the analysis evaluated a 
``without section 7'' baseline and compared it to a ``with section 7'' 
scenario. The ``without section 7'' baseline represented the current 
and expected economic activity under all modifications except those 
associated with section 7, including protections afforded the species 
under Federal and State laws. The difference between the two scenarios 
measured the net change in economic activity attributable to the

[[Page 13044]]

implementation of section 7 for the 46 Molokai plant species.
    Following the close of the comment period on the draft economic 
analysis, an addendum was completed that incorporated public comments 
on the draft analysis and made other changes in the draft as necessary. 
These changes were primarily the result of modifications made to the 
proposed critical habitat designation based on biological information 
received during the comment period. In addition, we have examined the 
economic effects of including the areas identified in the proposed rule 
as areas not meeting the definition of critical habitat because they 
were not in need of special management under section 3(5)(a) of the 
Act.
    Together, the draft economic analysis, the addendum and the 
addendum amendment constitute our final economic analysis. The final 
economic analysis estimates that, over the next 10 years, the 
designation co-extensive with the listing may result in potential 
direct economic costs of between $54,470 and $269,150, and concludes 
that economic impacts from the designation of critical habitat would 
not be significant. The reduction of up to $536,600 from the costs 
estimated in the draft economic analysis is due to the exclusion of 
proposed unit Molokai E2 from final designation and the significant 
reduction in size of proposed units Molokai A1, A2, B1, C, D, F, and G 
(designation of 9,843 ha (24,323 ac) versus 17,614 ha (43,532 ac) as 
proposed critical habitat, a reduction of approximately 7,771 ha 
(19,209 ac)).
    While our final economic analysis includes an evaluation of 
potential indirect costs associated with the designation of critical 
habitat for 46 plant species on Molokai, the reported costs are highly 
speculative and, in general, thought to have a low probability of 
occurrence. In addition, the final economic analysis discusses economic 
benefits in qualitative terms rather than providing quantitative 
estimates because of the lack of information available to estimate the 
economic benefits of endangered species preservation and ecosystem 
improvements.
    A more detailed discussion of our economic analysis is contained in 
the draft economic analysis and the addendum. Both documents are 
included in our administrative record and are available for inspection 
at the Pacific Islands Fish and Wildlife Office (see ADDRESSES 
section).
    No critical habitat units in the proposed rule were excluded or 
modified due to economic impacts because the expected cost of the 
designation is not significant. The likely direct cost impact of 
designating critical habitat on Molokai for the 46 plant species is 
estimated to be between $5,447 and $27,000 per year over the next ten 
years.

Other Impacts

    Pursuant to section 4(b)(2) of the Act, the Service has decided to 
exclude approximately 3,731 ha (9,218 ac) within three areas managed by 
TNCH from final critical habitat designation because the benefits 
provided by such an exclusion outweigh the benefits provided by a 
designation of critical habitat.
    In the proposed rule (April 4, 2002, 67 FR 16557), the Service 
solicited comments from the public as to whether certain areas on 
Molokai should be excluded from final critical habitat, and what 
methodology we might use to determine if the benefits of such 
exclusions outweigh the benefits of including such areas as critical 
habitat. The rationale for our final decision is described below.
    Section 4(b)(2) of the Act requires us to consider other relevant 
impacts, in addition to economic impacts, of designating critical 
habitat. In the revised proposed determinations of prudency and 
proposed designations of critical habitat for plant species from the 
island of Molokai, Hawaii (April 5, 2002; 67 FR 16492), we indicated 
that we believed that lands managed by TNCH provided adequate special 
management or protection for 19 of these species, and if any management 
plans were submitted during the open comment period we would consider 
whether such plans provide such protections. This was based the 
definition of critical habitat (section 3(5)), which specifies critical 
habitat as areas within the geographical area occupied by the species 
on which are found those physical or biological features (I) essential 
to the conservation of the species and (II) which may require special 
management considerations or protection. In order to give meaning to 
this last clause, we considered that if an area was already adequately 
managed then there would be no requirement for special management 
considerations or protection. We believed that adequate special 
management or protection would be provided by a legally operative plan 
that addresses the maintenance and improvement of essential habitat 
elements and that provides for the long-term conservation of the 
species. The three criteria identified in the proposed rule for 
determining if a plan provides adequate special management or 
protection are as follows: (1) A current plan or agreement must be 
complete and provide sufficient conservation benefit to the species; 
(2) the plan or agreement must provide assurances that the conservation 
management strategies will be implemented; and (3) the plan or 
agreement must provide assurances that the conservation management 
strategies will be effective (i.e., provide for periodic monitoring and 
revisions as necessary).
    We proposed to not include the TNCH lands pursuant to this 
interpretation of the definition of critical habitat. However, in a 
recent opinion (Center for Biological Diversity v. Norton, Civ. No. 01-
409 TUC DCB D. Ariz. Jan. 13, 2003), a Federal district court 
determined that our definition of critical habitat, as it applies to 
special management, is not correct. The court stated that ``whether 
habitat does or does not require special management by defendant or FWS 
is not determinative on whether or not the habitat is `critical' to a 
threatened or endangered species (pages 13-14 of the court's 
decision).'' We continue to believe that our interpretation was 
reasonable. However, we nevertheless have not declined to include areas 
from this final designation because they are adequately managed.
    It is important to note that this Court ruling also concluded that, 
under section 4(b)(2) of the Act, ``It is certainly reasonable to 
consider a positive working relationship relevant, particularly when 
that relationship results in the implementation of beneficial natural 
resource programs, including species preservation.
    We have come to a similar conclusion in relation to certain non-
Federal lands on Molokai. As explained below, we believe that the 
exclusion of TNCH lands from critical habitat will help improve and 
maintain our relationship with TNCH, and it will also provide 
incentives to other landowners on Molokai to consider implementing 
similar voluntary conservation activities on their lands. The Service 
believes such an outcome will provide greater conservation benefits to 
these listed species than would a critical habitat designation on these 
TNCH lands.

The Nature Conservancy of Hawaii

    TNCH's Kamakou, Moomomi, and Pelekunu Preserves are occupied 
habitat for 14 species and unoccupied habitat for five species. 
According to our published recovery plans, recovery of these species 
will require reproducing, self-sustaining populations located in a 
geographic array across the landscape,

[[Page 13045]]

with population numbers and population locations of sufficient 
robustness to withstand periodic threats due to natural disaster or 
biological threats (Service 1995a, 1995b, 1996a, 1996b, 1996c, 1997, 
1998a, 1998b, 1998c, 1999, 2001). The highest priority recovery tasks 
include active management such as plant propagation and reintroduction, 
fire control, non-native species removal, and ungulate fencing. Failure 
to implement these active management measures, all of which require 
voluntary landowner support and participation, virtually assures the 
extinction of these species. Many of these types of conservation 
actions in these areas of Molokai are carried out as part of TNCH's 
participation with landowner incentive-based programs and by actions 
taken on the landowner's initiative. These activities, which are 
described in more detail below, require substantial voluntary 
cooperation by TNCH and other cooperating landowners and local 
residents.
    The following analysis describes the likely conservation benefits 
of a critical habitat designation compared to the conservation benefits 
without critical habitat designation. The Service paid particular 
attention to the following issues: to what extent a critical habitat 
designation would confer regulatory conservation benefits on these 
species; to what extent the designation would educate members of the 
public such that conservation efforts would be noticeably enhanced; and 
whether a critical habitat designation would have a positive, neutral, 
or negative impact on voluntary conservation efforts on this privately-
owned TNCH land as well as other non-Federal lands on Molokai that 
could contribute to recovery.
    If a critical habitat designation reduces the likelihood that 
voluntary conservation activities will be carried out on Molokai, and 
at the same time fails to confer a counter-balancing positive 
regulatory or educational benefit to the species, then the benefits of 
excluding such areas from critical habitat outweigh the benefits of 
including them. Although the results of this type of evaluation will 
vary significantly depending on the landowners, geographic areas, and 
species involved, we believe the TNCH lands on Molokai merit this 
evaluation.
(1) Benefits of Inclusion
    Suitable habitat in TNCH's Kamakou, Moomomi, and Pelekunu Preserves 
exists for the following species: Bidens wiebkei, Canavalia 
molokaiensis, Centaurium sebaeoides, Clermontia oblongifolia ssp. 
brevipes, Cyanea mannii, Cyanea procera, Hedyotis mannii, Labordia 
triflora, Lysimachia maxima, Mariscus fauriei, Melicope mucronulata, 
Phyllostegia mannii, Phyllostegia mollis, Platanthera holochila, 
Schiedea sarmentosa, Silene alexandrii, Stenogyne bifida, Tetramolopium 
rockii, and Vigna o--wahuense. The primary direct benefit of inclusion 
of these lands as critical habitat would result from the requirement 
under section 7 of the Act that Federal agencies consult with us to 
ensure that any proposed Federal actions do not destroy or adversely 
modify critical habitat.
    The benefit of a critical habitat designation would ensure that any 
actions authorized, funded, or carried out by a Federal agency would 
not likely destroy or adversely modify any critical habitat. Without 
critical habitat, some site-specific projects might not trigger 
consultation requirements under the Act in areas where species are not 
currently present; in contrast, Federal actions in areas occupied by 
listed species would still require consultation under section 7 of the 
Act.
    Seventy-four percent of the area on these lands is already occupied 
habitat for 14 of the 19 listed species. Therefore, any Federal 
activities that may affect these areas will in all likelihood require 
section 7 consultation. Historically, we have conducted 19 informal and 
no formal consultations under section 7 on the entire island of Molokai 
for any of these plant species. None of these consultations involved 
the TNCH lands. As a result of the low level of previous Federal 
activity on these TNCH lands, and after considering the future Federal 
activities that might occur on these lands, it is the Service's opinion 
that there is likely to be a low number of future Federal activities 
that would negatively affect habitat on TNCH lands. The land is in 
permanent conservation and is not expected to be developed. Section 7 
is expected to be limited to Federal funding for conservation 
activities to improve the habitat for these species, not adversely 
modify it. The possibility of such activity cannot be ruled out 
entirely, but it can best be described as having a low likelihood of 
occurrence. Therefore, we anticipate little additional regulatory 
benefits from including these preserves in critical habitat beyond what 
is already provided by the existing section 7 nexus for habitat areas 
occupied by the listed extant species.
    Another possible benefit is that the designation of critical 
habitat can serve to educate the public regarding the potential 
conservation value of an area, and this may focus and contribute to 
conservation efforts by other parties by clearly delineating areas of 
high conservation value for certain species. Information about the 19 
species for which suitable habitat was identified on TNCH lands on 
Molokai that reaches a wide audience, including other parties engaged 
in conservation activities, could have a positive conservation benefit.
    While we believe this educational outcome is important for the 
conservation of these 19 species, we believe it has already been 
achieved through the existing management, education, and public 
outreach efforts carried out by TNCH and their conservation partners. 
The Nature Conservancy of Hawaii has a well-developed public outreach 
infrastructure that includes magazines, newsletters, and well-
publicized public events on Molokai and throughout Hawaii. These and 
other media extol and explain the conservation importance of these 
Molokai reserves and their conservation value. A final designation of 
critical habitat would add little to this effort and would simply 
affirm what is already known and widely accepted by Hawaii's 
conservationists, public agencies, and much of the general public 
concerning the conservation value of these lands. The following 
discussion on each of the three preserves demonstrates that the public 
is already aware of the importance of this area for the conservation of 
these 19 species.
    Nineteen species (Bidens wiebkei, Canavalia molokaiensis, 
Centaurium sebaeoides, Clermontia oblongifolia ssp. brevipes, Cyanea 
mannii, Cyanea procera, Hedyotis mannii, Labordia triflora, Lysimachia 
maxima, Mariscus fauriei, Melicope mucronulata, Phyllostegia mannii, 
Phyllostegia mollis, Platanthera holochila, Schiedea sarmentosa, Silene 
alexandrii, Stenogyne bifida, Tetramolopium rockii, Vigna o-wahuense) 
are reported from TNCH's Moomomi, Kamakou, and Pelekunu Preserves, 
which are located on Molokai's northwest coast (Moomomi) and in the 
East Molokai mountains (Kamakou and Pelekunu) (GDSI 2000; HINHP 
database 2000; TNCH 1993, 1994a, 1994b, 1997, 1999a, 1999b, 1999c). Two 
of the preserves (Moomomi and Pelekunu) are owned by TNCH, while 
Kamakou was established by a grant of a perpetual conservation easement 
from the private landowner to TNCH. All three preserves are included in 
the State's Natural Area Partnership (NAP) program, which provides 
matching funds for the management of private lands that have been 
permanently dedicated to conservation

[[Page 13046]]

(TNCH 1993, 1994a, 1994b, 1997, 1999a, 1999b, 1999c).
    Under the NAP program, the State of Hawaii provides matching funds 
on a two-to-one basis for management of private lands dedicated to 
conservation. In order to qualify for this program, the land must be 
dedicated in perpetuity through transfer of fee title or a conservation 
easement to the State or a cooperating entity. The land must be managed 
by the cooperating entity or a qualified landowner according to a 
detailed management plan approved by the Board of Land and Natural 
Resources. Once approved, the 6-year partnership agreement between the 
State and the managing entity is automatically renewed each year so 
that there are always 6 years remaining in the term, although the 
management plan is updated and funding amounts are re-authorized by the 
board at least every 6 years. By April 1 of any year, the managing 
partner may notify the State that it does not intend to renew the 
agreement; however, in such case, the partnership agreement remains in 
effect for the balance of the existing 6-year term, and the 
conservation easement remains in full effect in perpetuity. The 
conservation easement may be revoked by the landowner only if State 
funding is terminated without the concurrence of the landowner and 
cooperating entity. Prior to terminating funding, the State must 
conduct one or more public hearings. The NAP program is funded through 
real estate conveyance taxes which are placed in a Natural Area Reserve 
Fund. Participants in the NAP program must provide annual reports to 
the DLNR and DLNR makes annual inspections of the work in the reserve 
areas. See Haw. Rev. Stat. Secs. 195-1-195-11 and Hawaii Administrative 
Rules Secs. 13-210.
    Management programs within the three preserves are documented in 
long-range management plans and yearly operational plans. These plans 
detail management measures that protect, restore, and enhance the rare 
plants and their habitats within the preserves and in adjacent areas 
(TNCH 1993, 1994a, 1994b, 1997, 1999a, 1999b, 1999c). These management 
measures address the factors which led to the listing of the 19 species 
including control of non-native species of ungulates, rodents, weeds, 
and fire control. In addition, habitat restoration and monitoring are 
also included in these plans.

Kamakou Preserve

    The primary management goals within Kamakou Preserve are to prevent 
degradation of native forest by reducing feral ungulate damage; 
suppress wildfires; and improve or maintain the integrity of native 
ecosystems in selected areas of the preserve by reducing the effects of 
non-native plants.
    Specific management actions to address feral ungulate impacts 
include the construction of fences, including strategic fencing (fences 
placed in proximity to natural barriers such as cliffs); staff hunting; 
and implementation of organized hunting through the Molokai Hunters 
Working Group. By monitoring ungulate activity within the preserve, the 
staff are able to direct hunters to problem areas, thereby increasing 
hunting success. If increased hunting pressure does not reduce feral 
ungulate activity in the preserve, the preserve staff will work with 
the hunting group to identify and implement alternative methods (TNCH 
1994, 1999).
    The non-native plant control program within Kamakou Preserve 
focuses on habitat-modifying non-native plants (weeds) and prioritizes 
them according to the degree of threat to native ecosystems. A weed 
priority list has been compiled for the preserve, and control and 
monitoring of the highest priority species are ongoing. Weeds are 
controlled manually, chemically, or through a combination of both. 
Preventive measures (prevention protocol) are required by all who enter 
the preserve. This protocol includes such things as brushing footgear 
before entering the preserve to remove seeds of non-native plants. In 
addition, the staff are actively promoting awareness of aggressive non-
native plants in Hawaii and their impacts to native ecosystems in the 
local communities on Molokai through public education at schools, 
fairs, and displays at the airport.
    Wildfire pre-suppression and response plans are coordinated with 
the Maui County Fire Department and the DOFAW Maui District Forester. 
The Kamakou Wildfire Management Plan is reviewed annually with the fire 
department and updated as necessary (TNCH 1994, 1999). In the event of 
fires in areas bordering the preserve, staff from Kamakou assist with 
fire suppression in concert with DOFAW staff.
    Natural resource monitoring and research address the need to track 
the biological and physical resources of the preserve and evaluate 
changes in these resources to guide management programs. Vegetation is 
monitored throughout the preserve to document long-term ecological 
changes; rare plant species are monitored to assess population status; 
and, following fires on the boundaries or within the preserve, burned 
areas are assessed for ingress of weeds and recovery of native plants. 
In addition, the preserve staff provide logistical support to 
scientists and others who are conducting research within the preserve.
    In addition, TNCH, DOFAW, the Service and other Federal agencies 
including the National Park Service, and neighboring landowners of East 
Molokai's watershed areas have formed a partnership (East Molokai 
Watershed Partnership) through a memorandum of understanding to ensure 
the protection of over 8,903 ha (22,000 ac) of land on the island. 
While the partnership is still in its infancy, the members have agreed, 
in principle, to participate in cooperative management activities 
within the East Molokai watershed because they believe that effective 
management is best achieved through the coordinated actions of all 
major landowners in the watershed.
    Kamakou Preserve provides habitat for two populations of 300 
mature, reproducing individuals of the short-lived perennial Bidens 
wiebkei; four populations of 300 mature, reproducing individuals of the 
short-lived perennial Canavalia molokaiensis; two populations of 300 
mature, reproducing individuals of the short-lived perennial Clermontia 
oblongifolia ssp. brevipes; five populations of 300 mature, reproducing 
individuals of the short-lived perennial Cyanea mannii; four 
populations of 300 mature, reproducing individuals of the short-lived 
perennial Cyanea procera; four populations of 300 mature, reproducing 
individuals of the short-lived perennial Labordia triflora; one 
population of 300 mature, reproducing individuals of the short-lived 
perennial Lysimachia maxima; three populations of 300 mature, 
reproducing individuals of the short-lived perennial Schiedea 
sarmentosa; three populations of 300 mature, reproducing individuals of 
the short-lived perennial Silene alexandri; and three populations of 
300 mature, reproducing individuals of the short-lived perennial 
Stenogyne bifida. Critical habitat is designated for these 10 island-
endemic species elsewhere on Molokai within their historical ranges to 
reach the recovery goal of 8 to 10 populations for each species (see 
``Descriptions of Critical Habitat Units'' section). This preserve 
provides habitat for three populations of 500 mature, reproducing 
individuals of the short-lived perennial Mariscus fauriei; three 
populations of 100 mature, reproducing individuals of the long-lived 
perennial Melicope mucronulata; and one population of 300 mature, 
reproducing individuals of the short-lived perennial

[[Page 13047]]

Phyllostegia mannii. Critical habitat is designated for these multi-
island species elsewhere on Molokai, and proposed on other islands 
within their historical range to reach the recovery goal of 8 to 10 
populations for each species (see ``Descriptions of Critical Habitat 
Units'' section).
    Kamakou Preserve provides unoccupied habitat for four populations 
of 300 mature, reproducing individuals of the short-lived perennial 
Hedyotis mannii. Critical habitat is proposed for this multi-island 
species on Maui and recovery habitat is provided for this species on 
Lanai under terms of a Memorandum of Agreement with the private 
landowner (68 FR 1220) within its historical range to reach the 
recovery goal of 8 to 10 populations. This preserve provides unoccupied 
habitat for three populations of 300 mature, reproducing individuals of 
the short-lived perennial Phyllostegia mollis. Critical habitat is 
proposed for this multi-island species on other islands within its 
historical range to reach the recovery goal of 8 to 10 populations. 
This preserve provides unoccupied habitat for two populations of 300 
mature, reproducing individuals of the short-lived perennial 
Platanthera holochila. Critical habitat is also being designated for 
this multi-island species on Kauai and is proposed on other islands 
within its historical range to reach the recovery goal of 8 to 10 
populations. Lastly, this preserve provides unoccupied habitat for one 
population of 300 mature, reproducing individuals of the short-lived 
perennial Vigna o-wahuensis. Critical habitat is proposed for this 
multi-island species on other islands within its historical range to 
reach the recovery goal of 8 to 10 populations.

Moomomi Preserve

    The primary management goals within Moomomi Preserve are to prevent 
degradation of natural communities by reducing feral ungulate damage, 
and improve or maintain the integrity of native ecosystems in selected 
areas of the preserve by reducing the effects of non-native plants 
(TNCH 1999).
    Specific management actions to address feral ungulate impacts 
include the construction of a perimeter fence to keep out livestock and 
an agreement with the neighboring landowner, Molokai Ranch, in which 
they will remove livestock within 48 hours of ingress. Analysis of 
monitoring data collected within the axis deer exclosure will guide 
future management strategies (TNCH 1999).
    As with Kamakou Preserve, the non-native plant control program 
within Moomomi Preserve focuses on habitat-modifying non-native plants 
and prioritizes them according to the degree of threat to native 
ecosystems. A weed priority list has been compiled for the preserve, 
and control and monitoring of the highest priority species are on-
going. Weeds are controlled manually, chemically, or a through a 
combination of both. Preventive measures (prevention protocol) are 
required by all who enter the preserve. This protocol includes such 
things as brushing footgear before entering the preserve to remove 
seeds of non-native plants. In addition, the staff are actively 
promoting awareness of aggressive non-native plants in Hawaii and their 
impacts to native ecosystems in the local communities on Molokai 
through public education at schools, fairs, and displays at the airport 
(TNCH 1999).
    Natural resource monitoring and research address the need to track 
the biological and physical resources of the preserve and evaluate 
changes in these resources to guide management programs. Vegetation is 
monitored throughout the preserve to document long-term ecological 
changes; rare plant species are monitored to assess population status. 
In addition, the preserve staff provide logistical support to 
scientists and others who are conducting research within the preserve 
(TNCH 1999).
    Moomomi Preserve provides habitat for one population of 300 mature, 
reproducing individuals of the short-lived perennial Tetramolopium 
rockii. Critical habitat is designated for this island-endemic species 
elsewhere on Molokai within its historical range (see ``Descriptions of 
Critical Habitat Units'' section). This preserve provides habitat for 
one population of 500 mature, reproducing individuals of the annual 
Centaurium sebaeoides. Critical habitat is designated for this species 
elsewhere on Molokai, on Kauai, and is proposed on other islands within 
its historical range to reach the recovery goal of 8 to10 populations 
(see ``Descriptions of Critical Habitat Units'' section).

Pelekunu Preserve

    The primary management goals within Pelekunu Preserve are to 
prevent degradation of native forest by reducing feral ungulate damage; 
and improve or maintain the integrity of native ecosystems in selected 
areas of the preserve by reducing the effects of non-native plants.
    Specific management actions to address feral ungulate impacts 
include staff hunting; implementation of organized hunting through the 
Molokai Hunters Working Group; and quarterly transect and aerial 
monitoring of ungulate activity. By monitoring ungulate activity within 
the preserve, the staff are able to direct hunters to problem areas, 
thereby increasing hunting success. If increased hunting pressure does 
not reduce feral ungulate activity in the preserve, the preserve staff 
will work with the hunting group to identify and implement alternative 
methods (TNCH 1999).
    As with the other two preserves on Molokai, the non-native plant 
control program within Pelekunu Preserve focuses on habitat-modifying 
non-native plants and prioritizes them according to the degree of 
threat to native ecosystems. A weed priority list has been compiled for 
the preserve, and control and monitoring of the highest priority 
species are ongoing. Weeds are controlled manually, chemically, or 
through a combination of both. Preventive measures (prevention 
protocol) are required by all who enter the preserve. This protocol 
includes such things as brushing footgear before entering the preserve 
to remove seeds of non-native plants. In addition, the staff are 
actively promoting awareness of aggressive non-native plants in Hawaii 
and their impacts to native ecosystems in the local communities on 
Molokai through public education at schools, fairs, and displays at the 
airport.
    Natural resource monitoring and research address the need to track 
the biological and physical resources of the preserve and evaluate 
changes in these resources to guide management programs. Vegetation is 
monitored in the preserve to document long-term ecological changes; and 
rare plant species are monitored to assess population status. In 
addition, the preserve staff provide logistical support to scientists 
and others who are conducting research within the preserve.
    Pelekunu Preserve provides habitat for two populations of 300 
mature, reproducing individuals of the short-lived perennial Bidens 
wiebkei; one population of 300 mature, reproducing individuals of the 
short-lived perennial Canavalia molokaiensis; and four populations of 
300 mature, reproducing individuals of the short-lived perennial 
Stenogyne bifida. Critical habitat is designated for these three 
island-endemic species elsewhere on Molokai within their historical 
ranges to reach the recovery goal of 8 to 10 populations for each 
species (see ``Descriptions of Critical Habitat Units'' section).
    In sum, the Service believes that a critical habitat designation 
for listed

[[Page 13048]]

plants on TNCH lands on Molokai would provide a relatively low level of 
additional regulatory conservation benefit to each of the plant species 
beyond what is already provided by existing section 7 consultation 
requirements due to the physical presence of 14 of the 19 listed 
species. Any regulatory conservation benefits would accrue through the 
benefit associated with additional section 7 consultation associated 
with critical habitat. Based on a review of past consultations and 
consideration of the likely future activities in this specific area, 
there is little Federal activity expected to occur on this privately 
owned land that would trigger section 7 consultation. The Service also 
believes that a final critical habitat designation provides little 
additional educational benefits since the conservation value is already 
well known by the landowner, the State, Federal agencies, private 
organizations, and the general public, and the area has been identified 
as suitable and important to the conservation of 19 Molokai plant 
species through publication in the proposed critical habitat rule and 
in this final rule.
(2) Benefits of Exclusion
    Proactive voluntary conservation efforts are necessary to prevent 
the extinction and promote the recovery of these listed plant species 
on Molokai and other Hawaiian islands (Shogren et al. 1999, Wilcove and 
Chen 1998, Wilcove et al. 1998). Consideration of this concern is 
especially important in areas where species have been extirpated and 
their recovery requires access and permission for reintroduction 
efforts (Bean 2002, Wilcove et al. 1998). For example, five of the 19 
species associated with these preserves are extirpated from TNCH lands, 
and repopulation is likely not possible without human assistance and 
landowner cooperation.
    As described earlier, TNCH has a history of entering into 
conservation agreements with various Federal and State agencies and 
other private organizations on their lands. The Nature Conservancy's 
mission is to preserve the plants, animals and natural communities that 
represent the diversity of life on Earth by protecting the lands and 
waters they need to survive. The Service believes that each of the 
listed species within TNCH's preserves will benefit substantially from 
TNCH's voluntary management actions due to a reduction in ungulate 
browsing and habitat conversion, a reduction in competition with non-
native weeds, a reduction in risk of fire, and the reintroduction of 
species currently extirpated from various areas and for which the 
technical ability to propagate these species currently exists or will 
be developed in the near future.
    The conservation benefits of critical habitat are primarily 
regulatory or prohibitive in nature. But on Molokai, simply preventing 
``harmful activities'' will not slow the extinction of listed plant 
species (Bean 2002). Where consistent with the discretion provided by 
the Act, the Service believes it is necessary to implement policies 
that provide positive incentives to private landowners to voluntarily 
conserve natural resources and that remove or reduce disincentives to 
conservation (Wilcove et al. 1998). Thus, we believe it is essential 
for the recovery of these 19 species to build on continued conservation 
activities such as these with a proven partner, and to provide positive 
incentives for other private landowners on Molokai who might be 
considering implementing voluntary conservation activities but have 
concerns about incurring incidental regulatory or economic impacts.
    Approximately 80 percent of imperiled species in the United States 
occur partly or solely on private lands where the Service has little 
management authority (Wilcove et al. 1996). In addition, recovery 
actions involving the reintroduction of listed species onto private 
lands require the voluntary cooperation of the landowner (Bean 2002, 
James 2002, Knight 1999, Main et al. 1999, Norton 2000, Shogren et al. 
1999, Wilcove et al. 1998). Therefore, ``a successful recovery program 
is highly dependent on developing working partnerships with a wide 
variety of entities, and the voluntary cooperation of thousands of non-
Federal landowners and others is essential to accomplishing recovery 
for listed species'' (Crouse et al. 2002). Because the Federal 
government owns relatively little land on Molokai, and because large 
tracts of land suitable for conservation of threatened and endangered 
species are mostly owned by private landowners, successful recovery of 
listed species on Molokai is especially dependent upon working 
partnerships and the voluntary cooperation of non-Federal landowners.
(3) The Benefits of Exclusion Outweigh the Benefits of Inclusion
    Based on the above considerations, and consistent with the 
direction provided in section 4(b)(2) of the Act and the recent Federal 
District Court decision concerning critical habitat (Center for 
Biological Diversity v. Norton, Civ. No. 01-409 TUC DCB D. Ariz. Jan. 
13, 2003), we have determined that the benefits of excluding TNCH's 
Molokai preserves as critical habitat outweigh the benefits of 
including them as critical habitat for Bidens wiebkei, Canavalia 
molokaiensis, Centaurium sebaeoides, Clermontia oblongifolia ssp. 
brevipes, Cyanea mannii, Cyanea procera, Hedyotis mannii, Labordia 
triflora, Lysimachia maxima, Mariscus fauriei, Melicope mucronulata, 
Phyllostegia mannii, Phyllostegia mollis, Platanthera holochila, 
Schiedea sarmentosa, Silene alexandrii, Stenogyne bifida, Tetramolopium 
rockii, and Vigna o-wahuense.
    This conclusion is based on the following factors:
    1. TNCH's mission is to preserve the plants, animals and natural 
communities that represent the diversity of life on Earth by protecting 
the lands and waters they need to survive. Therefore, all of their 
preserve lands are currently being managed on a voluntary basis in 
cooperation with the Service, State, and other private organizations to 
achieve important conservation goals.
    2. In the past, TNCH has cooperated with Federal and State 
agencies, and private organizations to implement voluntary conservation 
activities on their lands that have resulted in tangible conservation 
benefits.
    3. Simple regulation of ``harmful activities'' is not sufficient to 
conserve these species. Landowner cooperation and support is required 
to prevent the extinction and promote the recovery of all of the listed 
species on Molokai due to the need to implement proactive conservation 
actions such as ungulate management, weed control, fire suppression, 
plant propagation, and outplanting. This need for landowner cooperation 
is especially acute because the preserves are unoccupied by five of the 
19 species. Future conservation efforts, such as translocation of these 
five plant species back into unoccupied habitat on these lands and 
expansion of the extant species, will require the cooperation of TNCH 
and other non-Federal landowners on Molokai. Exclusion of TNCH lands 
from this critical habitat designation will help the Service maintain 
and improve this partnership by formally recognizing the positive 
contributions of TNC to plant recovery, and by streamlining or reducing 
unnecessary regulatory oversight.
    4. Given the current partnership agreements between TNCH and many 
organizations, the Service believes the additional regulatory and 
educational benefits of including these lands as critical habitat are 
relatively small. The designation of critical habitat can serve to 
educate the general public as well as

[[Page 13049]]

conservation organizations regarding the potential conservation value 
of an area, but this goal is already being accomplished through the 
identification of this area in the management plans described above. 
Likewise, there will be little additional Federal regulatory benefit to 
the species because (a) there is a low likelihood that these proposed 
critical habitat units will be negatively affected to any significant 
degree by Federal activities requiring section 7 consultation, and (b) 
much are already occupied by 14 listed species and a section 7 nexus 
already exists. The Service is unable to identify any other potential 
benefits associated with critical habitat for these TNCH preserves.
    5. It is well documented that publicly owned lands and lands owned 
by conservation organizations such as TNCH, alone, are too small and 
poorly distributed to provide for the conservation of most listed 
species (Bean 2002, Crouse et al. 2002). Excluding these TNCH lands 
from critical habitat may, by way of example, provide positive social, 
legal, and economic incentives to other non-Federal landowners on 
Molokai who own lands that could contribute to listed species recovery 
if voluntary conservation measures on these lands are implemented 
(Norton 2000, Main et al. 1999, Shogren et al. 1999, Wilcove and Chen 
1998). As resources allow, the Service would be willing to consider 
future revisions or amendments to this final critical habitat rule if 
landowners affected by this rule develop conservation programs or 
partnerships (e.g., Habitat Conservation Plans, Safe Harbor Agreements, 
conservation agreements, etc.) on their lands that outweigh the 
regulatory and educational benefits of a critical habitat designation.
    In conclusion, we find that the exclusion of critical habitat on 
the TNCH Molokai preserves would most likely have a net positive 
conservation effect on the recovery and conservation of these 19 plant 
species when compared to the positive conservation effects of a 
critical habitat designation. As described above, the overall benefits 
to these species of a critical habitat designation for these TNCH areas 
are relatively small. In contrast, we believe that this exclusion will 
enhance our existing partnership with TNCH, and it will set a positive 
example and provide positive incentives to other non-Federal landowners 
who may be considering implementing voluntary conservation activities 
on their lands. We conclude there is a higher likelihood of beneficial 
conservation activities occurring in these and other areas of Molokai 
without designated critical habitat than there would be with designated 
critical habitat in these TNCH preserves.
(4) Exclusion of This Unit Will Not Cause Extinction of the Species
    In considering whether or not exclusion of these Preserves might 
result in the extinction of any of these 19 species, the Service first 
considered the impacts to the 11 species endemic to Molokai (Bidens 
wiebkei, Canavalia molokaiensis, Clermontia oblongifolia ssp. brevipes, 
Cyanea mannii, Cyanea procera, Labordia triflora, Lysimachia maxima, 
Schiedea sarmentosa, Silene alexandrii, Stenogyne bifida, and 
Tetramolopium rockii), and second to the eight species known from 
Molokai and one or more other Hawaiian islands (Centaurium sebaeoides, 
Hedyotis mannii, Mariscus fauriei, Melicope mucronulata, Phyllostegia 
mannii, Phyllostegia mollis, Platanthera holochila, and Vigna o-
wahuense).
    For both the 11 endemic and the eight ``multi-island'' species, it 
is the Service's conclusion that the TNCH's mission and management 
plans will provide as much or more net conservation benefits as would 
be provided if these preserves were designated as critical habitat. 
These management plans, which are described above, will provide 
tangible proactive conservation benefits that will reduce the 
likelihood of extinction for the listed plants in these areas of 
Molokai and increase their likelihood of recovery. Extinction for any 
of these species as a consequence of this exclusion is unlikely because 
there are no known threats in these preserves due to any current or 
reasonably anticipated Federal actions that might be regulated under 
section 7 of the Act. Further, these areas are already occupied by 14 
of the 19 species and thereby benefit from the section 7 protections of 
the Act, should such an unlikely Federal threat actually materialize. 
The exclusion of these preserves will not increase the risk of 
extinction to any of these species, and it may increase the likelihood 
these species will recover by encouraging other landowners to implement 
voluntary conservation activities as TNCH has done.
    In addition, critical habitat is being designated on other areas of 
Molokai for all 11 of the endemic species (Molokai 6--Bidens wiebkei--
a, Molokai 7--Bidens wiebkei--b, Molokai 8--Bidens wiebkei--c, Molokai 
6--Canavalia molokaiensis--a, Molokai 6--Canavalia molokaiensis--b, 
Molokai 6--Canavalia molokaiensis--c, Molokai 6--Clermontia 
oblongifolia ssp. brevipes--a, Molokai 6--Clermontia oblongifolia ssp. 
brevipes--b, Molokai 6--Cyanea mannii--a, Molokai 6--Cyanea mannii--b, 
Molokai 6--Cyanea mannii--c, Molokai 6--Cyanea mannii--d, Molokai 6--
Cyanea mannii--e, Molokai 6--Cyanea procera--a, Molokai 6--Cyanea 
procera--b, Molokai 6--Labordia triflora--a, Molokai 6--Labordia 
triflora--b, Molokai 6--Labordia triflora--c, Molokai 6--Labordia 
triflora--d, Molokai 6--Lysimachia maxima--a, Molokai 6--Lysimachia 
maxima--b, Molokai 6--Schiedea sarmentosa--a, Molokai 6--Schiedea 
sarmentosa--b, Molokai 6--Silene alexandrii--a, Molokai 6--Silene 
alexandrii--b, Molokai 6--Stenogyne bifida--a, Molokai 1--Tetramolopium 
rockii--a, Molokai 2--Tetramolopium rockii--b, Molokai 3--Tetramolopium 
rockii--c, Molokai 5--Tetramolopium rockii--d), and critical habitat 
has been designated elsewhere on Molokai, and or designated on other 
islands for the remaining eight multi-island species consistent with 
the guidance in recovery plans. These other designations identify 
conservation areas for the maintenance and expansion of the existing 
populations.
    In sum, the above analysis concludes that an exclusion of TNCH 
lands from final critical habitat on Molokai will have a net beneficial 
impact with little risk of negative impacts. Therefore, the exclusion 
of these lands will not cause extinction and should in fact improve the 
chances of recovery for Bidens wiebkei, Canavalia molokaiensis, 
Centaurium sebaeoides, Clermontia oblongifolia ssp. brevipes, Cyanea 
mannii, Cyanea procera, Hedyotis mannii, Labordia triflora, Lysimachia 
maxima, Mariscus fauriei, Melicope mucronulata, Phyllostegia mannii, 
Phyllostegia mollis, Platanthera holochila, Schiedea sarmentosa, Silene 
alexandrii, Stenogyne bifida, Tetramolopium rockii, and Vigna o-
wahuense.

Taxonomic Changes

    At the time we listed Cyanea grimesiana ssp. grimesiana, Hibiscus 
brackenridgei, Mariscus fauriei, and Phyllostegia mollis, we followed 
the taxonomic treatments in Wagner et al. (1990), the widely used and 
accepted Manual of the Flowering Plants of Hawaii. Subsequent to the 
final listing, we became aware of new taxonomic treatments of these 
species. Also, the soon-to-be-published book Hawaii's Ferns and Fern 
Allies (Palmer, in press) has changed the family name for Ctenitis 
squamigera (from Aspleniaceae to Dryopteridaceae). Due to the court-
ordered deadlines, we are required to

[[Page 13050]]

publish this final rule to designate critical habitat on Molokai before 
we can prepare and publish a notice of taxonomic changes for these five 
species. We plan to publish a notice of taxonomic change for these five 
species after we have published the final critical habitat designations 
on Molokai.

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, the Office of Management 
and Budget (OMB) has determined that this critical habitat designation 
is not a significant regulatory action. This rule will not have an 
annual economic effect of $100 million or more or adversely affect any 
economic sector, productivity, competition, jobs, the environment, or 
other units of government. This designation will not create 
inconsistencies with other agencies' actions or otherwise interfere 
with an action taken or planned by another agency. It will not 
materially affect entitlements, grants, user fees, loan programs, or 
the rights and obligations of their recipients. Finally, this 
designation will not raise novel legal or policy issues. Accordingly, 
OMB has not reviewed this final critical habitat designation.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA) (as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), 
whenever a Federal agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions). However, no 
regulatory flexibility analysis is required if the head of the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. SBREFA amended the RFA to 
require Federal agencies to provide a statement of the factual basis 
for certifying that a rule will not have a significant economic impact 
on a substantial number of small entities.
    Based on the information in our economic analysis (draft economic 
analysis and addendum), we are certifying that the critical habitat 
designation for 41 Molokai plant species will not have a significant 
effect on a substantial number of small entities because a substantial 
number of small entities are not affected by the designation. In 
addition, the economic analysis concludes that the economic impacts 
from the designation of critical habitat would not be significant, 
based on the estimated cost of the designation which may result in 
potential direct economic costs of between $5,447 and $27,000 per year 
over the next 10 years.
    Federal courts and Congress have indicated that an RFA/SBREFA 
analysis may be limited to all impacts to entities directly subject to 
the requirements of the regulation (Service 2002). As such, entities 
indirectly impacted by the plant listings and critical habitat and, 
therefore, not directly regulated by the listing or critical habitat 
designation are not considered in this section of the analysis.
    Small entities include small organizations, such as independent 
non-profit organizations, and small governmental jurisdictions, 
including school boards and city and town governments that serve fewer 
than 50,000 residents, as well as small businesses. Small businesses 
include manufacturing and mining concerns with fewer than 500 
employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. The RFA/SBREFA defines ``small 
governmental jurisdiction'' as the government of a city, county, town, 
school district, or special district with a population of less than 
50,000. By this definition, Maui County is not a small governmental 
jurisdiction because its population was 128,100 in 2000. Although 
certain State agencies, such as DLNR, Department of Agriculture (DOA), 
and Department of Transportation (DOT) may be affected by the critical 
habitat designation, State governments are considered independent 
sovereigns, not small governments, for the purposes of the RFA. To 
determine if potential economic impacts to these small entities are 
significant, we consider the types of activities that might trigger 
regulatory impacts under this rule as well as the types of project 
modifications that may result. In general, the term ``significant 
economic impact'' is meant to apply to a typical small business firm's 
business operations.
    To determine if the rule would affect a substantial number of small 
entities, we consider the number of small entities affected within 
particular types of economic activities (e.g., housing development, 
grazing, oil and gas production, timber harvesting, etc.). We apply the 
``substantial number'' test individually to each industry to determine 
if certification is appropriate. In estimating the numbers of small 
entities potentially affected, we also consider whether their 
activities have any Federal involvement; some kinds of activities are 
unlikely to have any Federal involvement and so will not be affected by 
critical habitat designation.
    The primary projects and activities that might be affected by the 
designation that could affect small entities include ranching 
operations and conservation projects. Based on our draft economic 
analysis and addendum, there were 170 cattle livestock operations in 
Maui County in 2000. The combined cattle sales of all of these 
operations in 2000 was about $3.2 million (Statistics of Hawaii 
Agriculture, 2000). Since this implies average annual cattle sales per 
business of $19,000, it is likely that all or almost all of the Maui 
County cattle operations, including those on Molokai, meet the 
definition of a small business (annual sales less than $750,000). Thus, 
our draft economic analysis concluded that the proposed critical 
habitat designation might affect two to three businesses out of 170 
(one to two percent) of the small businesses in the cattle industry in 
Maui County. It also found that one community organization was likely 
to enter into section 7 consultation for coastal strand restoration due 
to the receipt of funding from the Service. Because the Service is also 
the funding entity and will likely provide technical assistance to the 
organization, the impact on this organization was found to be minimal. 
In addition, the consultation would have occurred regardless of 
designation of critical habitat. For these reasons, the draft economic 
analysis critical habitat designation would not be likely to affect 
small community organizations.
    However, even though the proposed designation would not affect a 
``substantial'' number of small businesses in each industry, an 
estimate of the impact was provided in the draft economic analysis. The 
cost of consultations with Pu'u o Hoku Ranch was estimated to be 
$15,300 to $25,800. The cost of the consultations with one to two 
unknown ranching operations was estimated to be $9,700 to $41,200. 
These costs reflect costs to the Service and NRCS to participate in the 
consultations; in general, none of the consultation costs are absorbed 
by the rancher. The estimated cost of consultations with Hui Malama o 
Mo`omomi was $5,200 to $10,400.

[[Page 13051]]

Again, these costs reflect costs to the Service to conduct the 
consultation.
    The actual impacts of the final rule may even be smaller. These 
estimates were based on the proposed designations. However, this final 
rule designates 5,771 hectares (19,199 acres) less than had been 
proposed, or a 44 percent reduction.
    These conclusions are supported by the history of consultations on 
Molokai. Since these 41 plant species were listed (between 1991 and 
1999), we have conducted only 19 informal consultations and no formal 
consultations on the island of Molokai, in addition to consultations on 
Federal grants to State wildlife programs, which would not affect small 
entities. The 19 informal consultations have concerned seven of the 41 
species (Centaurium sebaeoides, Cyanea mannii, Cyanea procera, Eugenia 
koolauensis, Labordia triflora, Sesbania tomentosa, and Tetramolopium 
rockii) and were conducted with the U.S. Department of the Navy (Navy), 
NRCS, State of Hawaii, Maui County, Corps, FCC, and private parties. 
One informal consultation was conducted with the U.S. Navy regarding a 
proposed U.S. Marine Corps training area on privately-owned leased land 
in west Molokai. Three of the 41 species, Centaurium sebaeoides, 
Sesbania tomentosa, and Tetramolopium rockii, were reported from the 
project area. One informal consultation was conducted on behalf of a 
private non-profit organization, requesting a species list for Kamalo 
and Kapualei. Three of the 41 species, Cyanea mannii, Cyanea procera, 
and Labordia triflora, were reported from this area. One informal 
consultation was conducted on behalf of a private consulting firm, 
requesting a species list for a proposed project regarding a VHF 
direction-finder in Mauna Loa. Two of the 41 species, Eugenia 
koolauensis and Sesbania tomentosa, were reported from the project 
area. Six informal consultations were conducted on behalf of private 
individuals or consulting firms, requesting species lists for different 
locations on Molokai. None of the 41 species were reported from these 
locations. Five informal consultations were conducted on behalf of the 
NRCS, requesting species lists or regarding revegetation or habitat 
restoration projects at different locations on Molokai. None of the 41 
species were reported from these locations. Two informal consultations 
were conducted on behalf of the State of Hawaii and Maui County 
regarding proposed landfill projects. None of the 41 species were 
reported from these locations. Two informal consultations were 
conducted on behalf of the U.S. Army Corps of Engineers, regarding a 
stream restoration project and unexploded ordinance removal activities 
at Papohaku Rangelands Bombing Range and Punakua Land Target Area. None 
of the 41 species were reported from the project areas. One informal 
consultation was conducted on behalf of the FCC regarding an antenna 
cell site in Kaunakakai. None of the 41 species were reported from the 
project area.
    Seven of the informal consultations may have concerned small 
entities (the private individuals, consulting firms, or the non-profit 
organization). However, these seven informal consultations were 
requests for species lists and not for our concurrence on a specific 
proposed project. We have determined that the State of Hawaii and Maui 
County are not small entities. The Corps, NRCS, FCC, and the Navy are 
not small entities. For the 12 informal consultations with the State of 
Hawaii, Maui County, and Federal agencies, we concurred with each 
agency's or entity's determination that the project, as proposed, was 
not likely to adversely affect listed species. Although four of the 
NRCS projects are ongoing, they do not directly affect nor concern 
small entities.
    In addition, on Molokai, 49 percent of the designations are on 
private lands, 50 percent of the designations are on State lands, and 1 
percent of the designations are on Federal lands. Nearly all of the 
land within the critical habitat units is unsuitable for development, 
land uses, and activities. This is due to their remote locations, lack 
of access, and rugged terrain. Approximately 89 percent of this land is 
within the State Conservation District where State land-use controls 
severely limit development and most activities.
    Even where the requirements of section 7 might apply due to 
critical habitat, based on our experience with section 7 consultations 
for all listed species, virtually all projects--including those that, 
in their initial proposed form, would result in jeopardy or adverse 
modification determinations under section 7--can be implemented 
successfully with, at most, the adoption of reasonable and prudent 
alternatives. These measures by definition must be economically 
feasible and within the scope of authority of the Federal agency 
involved in the consultation.
    For these reasons, we are certifying that the designation of 
critical habitat for Adenophorus periens, Alectryon macrococcus, Bidens 
wiebkei, Brighamia rockii, Canavalia molokaiensis, Centaurium 
sebaeoides, Clermontia oblongifolia ssp. brevipes, Ctenitis squamigera, 
Cyanea dunbarii, Cyanea grimesiana ssp. grimesiana, Cyanea mannii, 
Cyanea procera, Diellia erecta, Diplazium molokaiense, Eugenia 
koolauensis, Flueggea neowawraea, Hesperomannia arborescens, Hibiscus 
arnottianus ssp. immaculatus, Hibiscus brackenridgei, Ischaemum byrone, 
Isodendrion pyrifolium, Labordia triflora, Lysimachia maxima, Mariscus 
fauriei, Melicope mucronulata, Melicope reflexa, Neraudia sericea, 
Peucedanum sandwicense, Phyllostegia mannii, Plantago princeps, Pteris 
lidgatei, Schiedea lydgatei, Schiedea nuttallii, Schiedea sarmentosa, 
Sesbania tomentosa, Silene alexandri, Silene lanceolata, Spermolepis 
hawaiiensis, Stenogyne bifida, Tetramolopium rockii, and Zanthoxylum 
hawaiiense will not have a significant economic impact on a substantial 
number of small entities. Therefore, a regulatory flexibility analysis 
is not required.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))

    Under the Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 801 et seq.), this rule is not a major rule. Our detailed 
assessment of the economic effects of this designation are described in 
the draft economic analysis and the final addendum to the economic 
analysis. Based on the effects identified in these documents, we 
believe that this rule will not have an effect on the economy of $100 
million or more, will not cause a major increase in costs or prices for 
consumers, and will not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. Refer to the final addendum to the economic analysis for a 
discussion of the effects of this determination.

Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211, on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. Although this rule is 
a significant regulatory action under Executive Order 12866, it is not 
expected to significantly affect energy production supply and 
distribution facilities because no energy production, supply, and 
distribution facilities are included within designated critical 
habitat. Further, for the reasons described in the economic analysis, 
we do not believe that designation of critical habitat for the 41 
Molokai plants

[[Page 13052]]

will affect future energy production. Therefore, this action is not a 
significant energy action and no Statement of Energy Effects is 
required.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (a) For reasons described in an economic analysis, this rule will 
not produce a Federal mandate on State or local governments or the 
private sector of $100 million or greater in any year, that is, it is 
not a ``significant regulatory action'' under the Unfunded Mandates 
Reform Act. The designation of critical habitat imposes no direct 
obligations on State or local governments.
    (b) This rule will not ``significantly or uniquely'' affect small 
governments so a Small Government Agency Plan is not required. Small 
governments will not be affected unless they propose an action 
requiring Federal funds, permits, or other authorizations. Any such 
activities will require that the Federal agency ensure that the action 
will not adversely modify or destroy designated critical habitat.

Takings

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of 
designating critical habitat for the 41 species from Molokai in a 
takings implications assessment. The takings implications assessment 
concludes that this final rule does not pose significant takings 
implications.

Federalism

    In accordance with Executive Order 13132, this final rule does not 
have significant Federalism effects. A Federalism assessment is not 
required. In keeping with Department of Interior policy, we requested 
information from appropriate State agencies in Hawaii. The designations 
may have some benefit to these governments, in that the areas essential 
to the conservation of these species are more clearly defined and the 
primary constituent elements of the habitat necessary to the survival 
of the species are specifically identified. While this definition and 
identification do not alter where and what federally sponsored 
activities may occur, they may assist these local governments in long-
range planning, rather than waiting for case-by-case section 7 
consultation to occur.

Civil Justice Reform

    In accordance with Executive Order 12988, the Department of the 
Interior's Office of the Solicitor has determined that this rule does 
not unduly burden the judicial system and does meet the requirements of 
sections 3(a) and 3(b)(2) of the Order. We have designated critical 
habitat in accordance with the provisions of the Endangered Species 
Act. The rule uses standard property descriptions and identifies the 
primary constituent elements within the designated areas to assist the 
public in understanding the habitat needs of the 41 plant species from 
Molokai.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any information collection requirements 
for which OMB approval under the Paperwork Reduction Act is required. 
An agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a valid OMB 
control number.

National Environmental Policy Act

    We have determined that we do not need to prepare an Environmental 
Assessment and/or an Environmental Impact Statement as defined by the 
National Environmental Policy Act of 1969 in connection with 
regulations adopted pursuant to section 4(a) of the Endangered Species 
Act. We published a notice outlining our reason for this determination 
in the Federal Register on October 25, 1983 (48 FR 49244). This 
determination does not constitute a major Federal action significantly 
affecting the quality of the human environment.

Government-to-Government Relationship with Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) Executive Order 13175 and the Department of 
the Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. We have determined that 
there are no Tribal lands essential for the conservation of these 41 
plant species. Therefore, designation of critical habitat for these 41 
species does not involve any Tribal lands.

References Cited

    A complete list of all references cited in this final rule is 
available upon request from the Pacific Islands Fish and Wildlife 
Office (see ADDRESSES section).

Authors

    The authors of this final rule are staff of the Pacific Islands 
Fish and Wildlife Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, we hereby amend part 17, subchapter B of chapter I, 
title 50 of the Code of Federal Regulations as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Amend Sec.  17.12(h), the List of Endangered and Threatened 
Plants, as set forth below:
    a. Under the table's heading FLOWERING PLANTS, by revising the 
entries for Alectryon macrococcus, Bidens wiebkei, Brighamia rockii, 
Canavalia molokaiensis, Centaurium sebaeoides, Clermontia oblongifolia 
ssp. brevipes, Cyanea dunbarii, Cyanea grimesiana ssp. grimesiana, 
Cyanea mannii, Cyanea procera, Eugenia koolauensis, Flueggea 
neowawraea, Hesperomannia arborescens, Hibiscus arnottianus ssp. 
immaculatus, Hibiscus brackenridgei, Ischaemum byrone, Isodendrion 
pyrifolium, Labordia triflora, Lysimachia maxima, Mariscus fauriei, 
Melicope mucronulata, Melicope reflexa, Neraudia sericea, Peucedanum 
sandwicense, Phyllostegia mannii, Plantago princeps, Schiedea lydgatei, 
Schiedea nuttallii, Schiedea sarmentosa, Sesbania tomentosa, Silene 
alexandri, Silene lanceolata, Spermolepis hawaiiensis, Stenogyne 
bifida, Tetramolopium rockii, and Zanthoxylum hawaiiense, to read as 
follows; and
    b. Under the table's heading FERNS AND ALLIES, by revising the 
entries for Adenophorus periens, Ctenitis squamigera, Diellia erecta, 
Diplazium molokaiense, and Pteris lidgatei, to read as follows.


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

[[Page 13053]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species
--------------------------------------------------------    Historic range           Family            Status      When listed    Critical     Special
         Scientific name                Common name                                                                               habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Flowering Plants
 
                                                                      * * * * * * *
Alectryon macroccoccus...........  Mahoe...............   U.S.A. (HI).......  Sapindaceae........  E                       467     17.99(a)           NA
                                                                                                                                (1) and (c)
 
                                                                      * * * * * * *
Bidens wiebkei...................  Kookoolau...........  U.S.A. (HI)........  Asteraceae.........  E                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Brighamia rockii.................  Puaala..............  U.S.A. (HI)........  Campanulaceae......  E                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Canavalia molokaiensis...........  Awikiwiki...........  U.S.A. (HI)........  Fabaceae...........  E                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Centaurium sebaeoides............  Awiwi...............  U.S.A. (HI)........  Gentianaceae.......  E                       448     17.99(a)           NA
                                                                                                                                (1) and (c)
 
                                                                      * * * * * * *
Clermontia oblongifolia ssp.       Oha wai.............  U.S.A. (HI)........  Campanulaceae......  E                       480     17.99(c)           NA
 brevipes.
 
                                                                      * * * * * * *
Cyanea dunbarii..................  Haha................  U.S.A. (HI)........  Campanulaceae......  E                       594     17.99(c)           NA
 
                                                                      * * * * * * *
Cyanea grimesiana ssp. grimesiana  Haha................  U.S.A. (HI)........  Campanulaceae......  E                       592     17.99(c)           NA
 
                                                                      * * * * * * *
Cyanea mannii....................  Haha................  U.S.A. (HI)........  Campanulaceae......  E                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Cyanea procera...................  Haha................  U.S.A. (HI)........  Campanulaceae......  E                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Eugenia koolauensis..............  Nioi................  U.S.A. (HI)........  Myrtaceae..........  E                       536     17.99(c)           NA
 
                                                                      * * * * * * *
Flueggea neowawraea..............  Mehamehame..........  U.S.A. (HI)........  Euphorbiaceae......  E                       559     17.99(a)           NA
                                                                                                                                (1) and (c)
 
                                                                      * * * * * * *
Hesperomannia arborescens........  None................  U.S.A. (HI)........  Asteraceae.........  E                       536     17.99(c)           NA
 
                                                                      * * * * * * *
Hibiscus arnottianus ssp.          Kokio keokeo........  U.S.A. (HI)........  Malvaceae..........  E                       480     17.99(c)           NA
 immaculatus.
 
                                                                      * * * * * * *
Hibiscus brackenridgei...........  Mao hau hele........  U.S.A. (HI)........  Malvaceae..........  E                       559     17.99(c)           NA
 
                                                                      * * * * * * *
Ischaemum bryone.................  Hilo ischaemum......  U.S.A. (HI)........  Poaceae............  E                       532     17.99(a)           NA
                                                                                                                                (1) and (c)
 
                                                                      * * * * * * *
Isodendrion pyrifolium...........  Wahine noho kula....  U.S.A. (HI)........  Violaceae..........  E                       532     17.99(c)           NA
 
                                                                      * * * * * * *
Labordia triflora................  Kamakahala..........  U.S.A. (HI)........  Loganiaceae........  E                       666     17.99(c)           NA
 
                                                                      * * * * * * *
Lysimachia maxima................  None................  U.S.A. (HI)........  Primulaceae........  E                       594     17.99(c)           NA
 
                                                                      * * * * * * *
Mariscus fauriei.................  None................  U.S.A. (HI)........  Cyperaceae.........  E                       532     17.99(c)           NA

[[Page 13054]]

 
 
                                                                      * * * * * * *
Melicope mucronulata.............  Alani...............  U.S.A. (HI)........  Rutaceae...........  E                       467     17.99(c)           NA
 
                                                                      * * * * * * *
Melicope reflexa.................  Alani...............  U.S.A. (HI)........  Rutaceae...........  E                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Neraudia sericea.................  None................  U.S.A. (HI)........  Urticaceae.........  E                       559     17.99(c)           NA
 
                                                                      * * * * * * *
Peucedanum sandwicense...........  Makou...............  U.S.A. (HI)........  Apiaceae...........  T                       530  17.99(a)(1)           NA
                                                                                                                                    and (c)
 
                                                                      * * * * * * *
Phyllostegia mannii..............  None................  U.S.A. (HI)........  Lamiaceae..........  E                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Plantago princeps................  Laukahi kuahiwi.....  U.S.A. (HI)........  Plantaginaceae.....  E                       559  17.99(a)(1)           NA
                                                                                                                                    and (c)
 
                                                                      * * * * * * *
Schiedea lydgatei................  None................  U.S.A. (HI)........  Caryophyllaceae....  E                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Schiedea nuttallii...............  None................  U.S.A. (HI)........  Caryophyllaceae....  E                       592  17.99(a)(1)           NA
                                                                                                                                    and (c)
Schiedea sarmentosa..............  None................  U.S.A. (HI)........  Caryophyllaceae....  E                       594     17.99(c)           NA
 
                                                                      * * * * * * *
Sesbania tomentosa...............  Ohai................  U.S.A. (HI)........  Fabaceae...........  E                       559  17.99(a)(1)           NA
                                                                                                                                    and (c)
 
                                                                      * * * * * * *
Silene alexandri.................  None................  U.S.A. (HI)........  Caryophyllaceae....  E                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Silene lanceolata................  None................  U.S.A. (HI)........  Caryophyllaceae....  E                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Spermolepis hawaiiensis..........  None................  U.S.A. (HI)........  Apiaceae...........  E                       559  17.99(a)(1)           NA
                                                                                                                                    and (c)
 
                                                                      * * * * * * *
Stenogyne bifida.................  None................  U.S.A. (HI)........  Lamiaceae..........  E                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Tetramolopium rockii.............  None................  U.S.A. (HI)........  Asteraceae.........  T                       480     17.99(c)           NA
 
                                                                      * * * * * * *
Zanthoxylum hawaiiense...........  Ae..................  U.S.A. (HI)........  Rutaceae...........  E                       532  17.99(a)(1)           NA
                                                                                                                                    and (c)
 
                                                                      * * * * * * *
         Ferns and Allies
Adenophorus periens..............  Pendant kihi fern...  U.S.A. (HI)........  Grammitidaceae.....  E                       559  17.99(a)(1)           NA
                                                                                                                                    and (c)
 
                                                                      * * * * * * *
Ctenitis squamigera..............  Pauoa...............  U.S.A. (HI)........  Aspleniaceae.......  E                       553  17.99(a)(1)           NA
                                                                                                                                    and (c)
 
                                                                      * * * * * * *
Diellia erecta...................  Asplenium-leaved      U.S.A. (HI)........  Aspleniaceae.......  E                       559  17.99(a)(1)           NA
                                    diellia.                                                                                        and (c)
 
                                                                      * * * * * * *
Diplazium molokaiense............  None................  U.S.A. (HI)........  Aspleniaceae.......  E                       553  17.99(a)(1)           NA
                                                                                                                                    and (c)
 

[[Page 13055]]

 
                                                                      * * * * * * *
Pteris lidgatei..................  None................  U.S.A. (HI)........  Adiantaceae........  E                       553     17.99(c)           NA
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    3. Amend Sec.  17.99 as set forth below:
    a. By revising the section heading and the heading for paragraph 
(a) to read as follows; and
    b. By adding new paragraphs (c) and (d) to read as follows.


Sec.  17.99  Critical habitat; plants on the islands of Kauai, Niihau, 
and Molokai, HI..

    (a) Maps and critical habitat unit descriptions for the islands of 
Kauai and Niihau, HI.* * *
* * * * *
    (c) Maps and critical habitat unit descriptions for the island of 
Molokai, HI. The following paragraphs contain the legal descriptions of 
the critical habitat units designated for the island of Molokai, HI. 
Existing manmade features and structures within the critical habitat 
units, such as buildings; roads; aqueducts and other watersystem 
features, including but not limited to reservoirs, diversions, flumes, 
pumping stations, irrigation ditches, pipelines, siphons, tunnels, 
water tanks, gaging stations, intakes, and wells; telecommunications 
equipment towers and associated structures, electrical power 
transmission lines and distribution and regularly maintained associated 
rights-of-way and access ways; radars and telemetry antennas; missile 
launch sites; campgrounds; existing trails; arboreta and gardens, heiau 
(indigenous places of worship or shrines) and other archaeological 
sites; airports; other paved areas; lawns and other rural residential 
landscaped areas do not contain the primary constituent elements 
described for each species in paragraph (d) of this section and 
therefore are not included in the critical habitat designations. 
Coordinates are in UTM Zone 4 with units in meters using North American 
Datum of 1983 (NAD83). The following map shows the general locations of 
the 88 critical habitat units designated on the island of Molokai.

    (1) Note: Map 1-Index map follows:

    [GRAPHIC] [TIFF OMITTED] TR18MR03.001
    
(2) Molokai 1--Tetramolopium rockii--a (68 ha; 167 ac)
    (i) Unit consists of the following 18 boundary points: Start at 
689772, 2344661; 689621, 2344539; 689052, 2344319; 688718, 2344221; 
688327, 2344075; 688023, 2343926; 687408, 2343701; 687025, 2344327; 
687025, 2344327; 687188, 2344441; 687513, 2344733; 687571, 2344549; 
687727, 2344013; 687757, 2343953; 688857, 2344469; 689205, 2344430; 
689575,

[[Page 13056]]

2344638; 689833, 2344699; return to starting point.

    (ii) Note: Map 2 follows:

    [GRAPHIC] [TIFF OMITTED] TR18MR03.002
    
(3) Molokai 2--Sesbania tomentosa--a (58 ha; 143 ac)
    (i) Unit consists of the following 16 boundary points and the 
intermediate coastline: Start at 696391, 2344805; 696219, 2344744; 
696015, 2344744; 6953, 2345000; 694917, 2344983; 694654, 2345127; 
694330, 2345195; 694288, 2345144; 694220, 2345221; 694024, 2345136; 
693811, 2344940; 693548, 2344940; 692944, 2345229; 692833, 2345221; 
692714, 2344991; 692614, 2344974; follow coastline and return to 
starting point.

    (ii) Note: Map 3 follows:

    [GRAPHIC] [TIFF OMITTED] TR18MR03.003
    
(4) Molokai 2--Tetramolopium rockii--b (112 ha; 278 ac)
    (i) Unit consists of the following 13 boundary points and the 
intermediate coastline: Start at 694570, 2344946; 694440, 2344889; 
694073, 2344750; 693846, 2344653; 693382, 2344612; 693146, 2344702; 
692844, 2344921; 692641, 2344929; 692389, 2344922; 692389, 2344921; 
692356, 2344921; 692201, 2344938; 692071, 2345043; follow coastline and 
return to starting point.

    (ii) Note: Map 4 follows:

    [GRAPHIC] [TIFF OMITTED] TR18MR03.004
    
(5) Molokai 3--Centaurium sebaeoides--a (96 ha; 238 ac)
    (i) Unit consists of the following 38 boundary points and the 
intermediate coastline: Start at 710676, 2347273; 712999, 2343399; 
712824, 2343386; 712590, 2343678; 712603, 2343781; 712863, 2343820; 
712941, 2343944; 712837, 2344106; 712792, 2344340; 712668, 2344541; 
712526, 2344729; 712493, 2344936; 712337, 2345131; 712279, 2345365; 
712214, 2345371; 712035, 2345519; 711799, 2345942; 711883, 2346053; 
711827, 2346164; 711683, 2346195; 711618, 2346528; 711159, 2346569; 
711092, 2346637; 710917, 2346701; 710858, 2346756; 710816, 2346864; 
710811, 2346802; 710845, 2346718; 710832, 2346611; 710768, 2346591; 
710734, 2346806; 710652, 2346855; 710629, 2346935; 710676, 2346982; 
710788, 2347050; 710636, 2347297; 710642, 2347291;

[[Page 13057]]

710661, 2347288; follow coastline and return to starting point.

    (ii) Note: Map 5 follows:

    [GRAPHIC] [TIFF OMITTED] TR18MR03.005
    
(6) Molokai 3--Tetramolopium rockii--c (106 ha; 260 ac)
    (i) Unit consists of the following 34 boundary points and the 
intermediate coastline: Start at 713501, 2342654; 713473, 2342635; 
713351, 2342635; 713245, 2342841; 713138, 2343077; 712902, 2343290; 
712773, 2343465; 712591, 2343679; 712625, 2343781; 712863, 2343814; 
712934, 2343924; 712831, 2344099; 712805, 2344327; 712526, 2344716; 
712500, 2344936; 712337, 2345131; 712279, 2345365; 712208, 2345371; 
712019, 2345540; 711819, 2345873; 711799, 2345962; 711883, 2346040; 
711838, 2346156; 711689, 2346202; 711624, 2346539; 711169, 2346559; 
711098, 2346649; 710890, 2346727; 710817, 2346864; 710810, 2346810; 
710849, 2346706; 710832, 2346656; 710759, 2346712; 710802, 2347065; 
follow coastline and return to starting point.

    (ii) Note: Map 6 follows:
    [GRAPHIC] [TIFF OMITTED] TR18MR03.006
    
(7) Molokai 4--Brighamia rockii--a (20 ha; 51 ac)
    (i) Unit consists of the following 9 boundary points and the 
intermediate coastline: Start at 714246, 2342381; 714703, 2342153; 
714446, 2342101; 714255, 2342116; 714094, 2342204; 713837, 2342263; 
713646, 2342395; 713740, 2342469; 713902, 2342456; follow coastline and 
return to starting point.

    (ii) Note: Map 7 follows:
    [GRAPHIC] [TIFF OMITTED] TR18MR03.007
    
(8) Molokai 4--Hibiscus arnottianus ssp. immaculatus--a (56 ha; 139 ac)
    (i) Unit consists of the following 20 boundary points: Start at 
714313, 2342111; 714313, 2342061; 714263, 2342030; 714146, 2342049; 
714053, 2341993; 714065, 2341869; 714443, 2341627; 714530, 2341522; 
714511, 2341429; 714158, 2341318; 713848, 2341497; 713697, 2341473; 
713483, 2341578; 713601, 2342024; 713813, 2342101; 713769, 2342222; 
713769, 2342222; 713743, 2342284; 713786, 2342315; 713991, 2342266; 
return to starting point.

    (ii) Note: Map 8 follows:

[[Page 13058]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.008

(9) Molokai 5--Brighamia rockii--b (4 ha; 10 ac)
    (i) Area consists of the entire offshore island located at 
approximately: 715517, 2343847.

    (ii) Note: Map 9 follows:
    [GRAPHIC] [TIFF OMITTED] TR18MR03.009
    
(10) Molokai 5--Peucedanum sandwicense--a (4 ha; 10 ac)
    (i) Area consists of the entire offshore island located at 
approximately: 715517, 2343847.

    (ii) Note: Map 10 follows:
    [GRAPHIC] [TIFF OMITTED] TR18MR03.010
    
(11) Molokai 5--Tetramolopium rockii--d (4 ha; 10 ac)
    (i) Area consists of the entire offshore island located at 
approximately: 715517, 2343847.

    (ii) Note: Map 11 follows:

[[Page 13059]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.011

    (12) Molokai 6--Adenophorus periens--a (79 ha; 194 ac)
    (i) Unit consists of the following 6 boundary points: Start at 
718366, 2339098; 718483, 2338864; 718272, 2338643; 718311, 2337817; 
717446, 2337682; 717549, 2338376; return to starting point.

    (ii) Note: Map 12 follows:

[[Page 13060]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.012

(13) Molokai 6--Adenophorus periens--b (396 ha; 980 ac)
    (i) Unit consists of the following 19 boundary points: Start at 
721394, 2335607; 722329, 2335129; 722733, 2335104; 723117, 2335165; 
723342, 2335105; 723236, 2334774; 723034, 2334703; 722442, 2334466; 
721281, 2334442; 720262, 2334655; 718639, 2335464; 719529, 2336227; 
719749, 2335976; 720611, 2335749; 721062, 2335514; 721066, 2335513; 
721206, 2335488; 721387, 2335499; 721388, 2335510; return to starting 
point.

    (ii) Note: Map 13 follows:

[[Page 13061]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.013

(14) Molokai 6--Adenophorus periens--c (214 ha; 530 ac)
    (i) Unit consists of the following 20 boundary points: Start at 
723720, 2340102; 723501, 2339267; 723764, 2338476; 723865, 2338213; 
723777, 2338050; 723639, 2338043; 723426, 2338056; 723331, 2338018; 
722967, 2338062; 722873, 2338122; 723352, 2338246; 723352, 2338246; 
723351, 2338247; 723088, 2338481; 722803, 2339144; 722612, 2339432; 
721900, 2339870; 722315, 2340090; 723124, 2340328; 723469, 2340315; 
return to starting point.

    (ii) Note: Map 14 follows:

[[Page 13062]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.014

(15) Molokai 6--Alectryon macrococcus--a (125 ha; 309 ac)
    (i) Unit consists of the following 38 boundary points: Start at 
712844, 2337089; 712698, 2337229; 712592, 2337339; 712695, 2337321; 
712881, 2337456; 712940, 2337659; 713244, 2337600; 712999, 2337330; 
713210, 2337389; 713430, 2337414; 713497, 2337642; 713742, 2337668; 
713818, 2337870; 714080, 2338090; 714258, 2338132; 714331, 2338177; 
714454, 2338134; 714593, 2338051; 714604, 2338018; 714460, 2337955; 
714325, 2337836; 713954, 2337608; 713818, 2337397; 713489, 2337254; 
713742, 2337076; 713970, 2337296; 714283, 2337448; 714553, 2337532; 
714359, 2337279; 714722, 2337423; 714604, 2337228; 714660, 2337178; 
714025, 2336784; 713852, 2336821; 713844, 2336766; 713421, 2336814; 
713160, 2336950; 713033, 2336916; return to starting point.

    (ii) Note: Map 15 follows:

[[Page 13063]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.015

(16) Molokai 6--Bidens wiebkei--a (219 ha; 542 ac)
    (i) Unit consists of the following 20 boundary points: Start at 
718006, 2334920; 718258, 2334825; 718858, 2334816; 719204, 2334884; 
719331, 2334723; 719289, 2334656; 719289, 2334656; 719020, 2334504; 
719018, 2334503; 719018, 2334503; 719018, 2334503; 718994, 2334425; 
718934, 2334106; 718097, 2334022; 717573, 2334098; 716744, 2334529; 
716634, 2334732; 716135, 2335095; 715347, 2335551; 717956, 2334877; 
return to starting point.

    (ii) Note: Map 16 follows:

[[Page 13064]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.016

(17) Molokai 6--Brighamia rockii--c (38 ha; 95 ac)
    (i) Unit consists of the following 9 boundary points and the 
intermediate coastline: Start at 716089, 2342247; 716263, 2342102; 
716347, 2341969; 716482, 2341996; 716375, 2341657; 716328, 2341655; 
715888, 2341942; 715686, 2342053; 715313, 2342170; follow coastline and 
return to starting point.

    (ii) Note: Map 17 follows:

[[Page 13065]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.017

(18) Molokai 6--Brighamia rockii--d (145 ha; 358 ac)
    (i) Unit consists of the following 35 boundary points and the 
intermediate coastline: Start at 720770, 2341981; 723204, 2341840; 
723220, 2341842; 723377, 2341891; 724326, 2341946; 724920, 2341803; 
724885, 2341725; 724781, 2341588; 724671, 2341562; 724262, 2341549; 
724190, 2341601; 723996, 2341614; 723405, 2341582; 723256, 2341465; 
723139, 2341465; 722691, 2341348; 722509, 2341348; 722158, 2341374; 
721756, 2341147; 721620, 2341102; 721256, 2341251; 721139, 2341270; 
720872, 2341522; 720861, 2341600; 720856, 2341640; 720767, 2341699; 
720682, 2341883; 720682, 2341883; 720682, 2341883; 720690, 2341897; 
720716, 2341917; 720755, 2341929; 720769, 2341936; 720777, 2341952; 
720777, 2341970; follow coastline and return to starting point.

    (ii) Note: Map 18 follows:

[[Page 13066]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.018

(19) Molokai 6--Brighamia rockii--e (83 ha; 206 ac)
    (i) Unit consists of the following 24 boundary points and the 
intermediate coastline: Start at 726360, 2342420; 726777, 2342655; 
726909, 2342655; 727223, 2342748; 727399, 2342787; 727757, 2342861; 
727860, 2342856; 728070, 2342704; 728207, 2342694; 728394, 2342640; 
728580, 2342567; 728635, 2342558; 728678, 2342429; 728305, 2342483; 
727815, 2342351; 727571, 2342464; 727394, 2342478; 726860, 2342366; 
726591, 2342258; 726194, 2342170; 725949, 2342077; 725660, 2342155; 
725633, 2342168; 725632, 2342174; follow coastline and return to 
starting point.

    (ii) Note: Map 19 follows:

[[Page 13067]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.019

(20) Molokai 6--Canavalia molokaiensis--a (80 ha; 197 ac)
    (i) Unit consists of the following 28 boundary points: Start at 
711585, 2340110; 711750, 2339841; 711652, 2339833; 711589, 2339786; 
711148, 2339857; 711062, 2339810; 710951, 2339857; 710881, 2339810; 
710881, 2339715; 710487, 2339755; 710251, 2339841; 709913, 2339873; 
709574, 2340038; 709469, 2339940; 709322, 2340226; 709637, 2340243; 
709724, 2340298; 710220, 2340290; 710227, 2340156; 710338, 2340109; 
710542, 2340211; 710778, 2340219; 710818, 2340125; 710936, 2340125; 
711077, 2340188; 711376, 2340133; 711463, 2340038; 711455, 2339952; 
return to starting point.

    (ii) Note: Map 20 follows:

[[Page 13068]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.020

(21) Molokai 6--Canavalia molokaiensis--b (76 ha; 187 ac)
    (i) Unit consists of the following 27 boundary points: Start at 
711826, 2339337; 711860, 2339273; 711809, 2339212; 711431, 2339196; 
711408, 2339109; 711589, 2339062; 711746, 2339109; 711880, 2339062; 
711947, 2339066; 711971, 2338928; 711873, 2338886; 711654, 2338886; 
710802, 2339069; 710534, 2339069; 710041, 2339210; 709997, 2339210; 
709997, 2339210; 709837, 2339210; 709751, 2339417; 710102, 2339495; 
710424, 2339432; 710763, 2339613; 711203, 2339660; 710794, 2339377; 
711258, 2339283; 711573, 2339377; 711778, 2339330; return to starting 
point.

    (ii) Note: Map 21 follows:

[[Page 13069]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.021

(22) Molokai 6--Canavalia molokaiensis--c (150 ha; 371 ac)
    (i) Unit consists of the following 36 boundary points: Start at 
711848, 2336679; 711615, 2336901; 712021, 2337169; 712152, 2337176; 
712518, 2337570; 712704, 2337521; 712587, 2337356; 712746, 2337335; 
712939, 2337632; 713415, 2337666; 712987, 2337335; 713236, 2337363; 
713457, 2337452; 713477, 2337590; 713678, 2337653; 713919, 2337860; 
713966, 2337927; 714259, 2337694; 713940, 2337542; 713781, 2337363; 
713512, 2337266; 713443, 2337197; 713533, 2337114; 713719, 2337087; 
713995, 2337252; 714250, 2337404; 714299, 2337252; 714043, 2337073; 
714085, 2336997; 714354, 2337121; 714517, 2337419; 714705, 2337206; 
713938, 2336730; 713284, 2336921; 712794, 2336955; 712139, 2336804; 
return to starting point.

    (ii) Note: Map 22 follows:

[[Page 13070]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.022

(23) Molokai 6--Clermontia oblongifolia ssp. brevipes--a (131 ha; 325 
ac)
    (i) Unit consists of the following 14 boundary points: Start at 
717701, 2337728; 717628, 2338298; 717674, 2338869; 717807, 2339393; 
718126, 2339914; 718369, 2339712; 718630, 2339684; 718798, 2339820; 
718794, 2339660; 718369, 2339448; 718361, 2339127; 718483, 2338864; 
718272, 2338643; 718311, 2337817; return to starting point.

    (ii) Note: Map 23 follows:

[[Page 13071]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.023

(24) Molokai 6--Clermontia oblongifolia ssp. brevipes--b (358 ha; 884 
ac)
    (i) Unit consists of the following 27 boundary points: Start at 
721397, 2335692; 721668, 2335452; 721947, 2335359; 722644, 2335147; 
722856, 2335193; 723314, 2335207; 723493, 2335140; 723765, 2335120; 
723904, 2335173; 723977, 2335160; 724070, 2335007; 724063, 2334550; 
723652, 2334443; 723002, 2334377; 722511, 2334470; 722166, 2334470; 
720938, 2334795; 719017, 2335788; 719529, 2336227; 719749, 2335976; 
720611, 2335749; 720920, 2335559; 721062, 2335514; 721066, 2335513; 
721206, 2335488; 721388, 2335510; 721396, 2335678; return to starting 
point.

    (ii) Note: Map 24 follows:

[[Page 13072]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.024

(25) Molokai 6--Clermontia oblongifolia ssp. brevipes--c (427 ha; 1,054 
ac)
    (i) Unit consists of the following 28 boundary points: Start at 
722484, 2340959; 723300, 2341251; 723453, 2341231; 723499, 2341052; 
723492, 2340727; 723539, 2340534; 723652, 2340415; 723711, 2340170; 
723718, 2339871; 723711, 2339267; 723778, 2338922; 724196, 2338272; 
724229, 2338099; 724149, 2338033; 724063, 2338006; 723844, 2338046; 
723174, 2338080; 723028, 2338046; 722869, 2338119; 722868, 2338120; 
723331, 2338266; 723088, 2338481; 722803, 2339144; 722612, 2339432; 
721796, 2339934; 721731, 2340378; 721548, 2340570; 721380, 2340876; 
return to starting point.

    (ii) Note: Map 25 follows:

[[Page 13073]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.025

(26) Molokai 6--Ctenitis squamigera--a (58 ha; 144 ac)
    (i) Unit consists of the following 21 boundary points: Start at 
721326, 2333655; 721317, 2333769; 721287, 2333895; 721466, 2334108; 
721505, 2334200; 721670, 2334169; 721897, 2334030; 722041, 2333969; 
722176, 2333943; 722167, 2333799; 722145, 2333638; 722128, 2333429; 
722119, 2333298; 722054, 2333159; 721988, 2333146; 721692, 2333207; 
721666, 2333237; 721644, 2333298; 721697, 2333464; 721714, 2333525; 
721679, 2333560; return to starting point.

    (ii) Note: Map 26 follows:

[[Page 13074]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.026

(27) Molokai 6--Cyanea dunbarii--a (328 ha; 810 ac)
    (i) Unit consists of the following 90 boundary points: Start at 
712383, 2341010; 712509, 2340781; 712677, 2340542; 712803, 2340388; 
712971, 2340262; 713243, 2339841; 713266, 2339806; 713715, 2339259; 
714220, 2338754; 714297, 2338733; 714374, 2338677; 714760, 2338473; 
715273, 2338222; 715234, 2338101; 715225, 2337922; 715157, 2337836; 
715115, 2337848; 715023, 2338037; 714756, 2338059; 714707, 2337911; 
714567, 2338002; 714503, 2337946; 714489, 2337777; 714272, 2337679; 
713969, 2337560; 713829, 2337426; 713749, 2337418; 713485, 2337618; 
713716, 2337686; 713906, 2337932; 714103, 2338087; 714609, 2338220; 
714918, 2338213; 714813, 2338368; 714419, 2338347; 714103, 2338389; 
714089, 2338684; 713829, 2338832; 713499, 2338930; 713358, 2338860; 
713246, 2338979; 713158, 2339000; 713210, 2339000; 713105, 2339162; 
712936, 2339352; 712620, 2339534; 712395, 2339759; 712248, 2339991; 
712044, 2340188; 712051, 2340406; 711988, 2340567; 711861, 2340729; 
711679, 2340743; 711433, 2341003; 711081, 2340996; 710800, 2340884; 
710660, 2340940; 710547, 2340827; 710653, 2340778; 710856, 2340778; 
711123, 2340743; 711531, 2340560; 711791, 2340321; 711666, 2340244; 
711599, 2340252; 711348, 2340378; 711130, 2340462; 710976, 2340525; 
710695, 2340497; 710564, 2340545; 710482, 2340767; 710454, 2340998; 
710489, 2341159; 710587, 2341201; 711050, 2341229; 711309, 2341265; 
711407, 2341229; 711520, 2341187; 711520, 2341187; 711590, 2341089; 
711621, 2341088; 711621, 2341088; 711786, 2341082; 712007, 2341178; 
712060, 2341201; 712183, 2341226; 712235, 2341236; 712236, 2341236; 
712305, 2341201; 712382, 2341012; return to starting point.

    (ii) Note: Map 27 follows:

[[Page 13075]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.027

(28) Molokai 6--Cyanea dunbarii--b (88 ha; 218 ac)
    (i) Unit consists of the following 38 boundary points: Start at 
712268, 2338661; 711464, 2339411; 711167, 2339755; 710877, 2340154; 
710985, 2340181; 711039, 2340242; 711079, 2340187; 711133, 2340181; 
711133, 2340113; 711295, 2340160; 711397, 2340201; 711410, 2340052; 
711545, 2339985; 711687, 2340106; 711849, 2340046; 711836, 2339971; 
711991, 2339830; 712227, 2339823; 712119, 2339721; 712261, 2339519; 
712059, 2339505; 711755, 2339553; 711687, 2339445; 711748, 2339343; 
711829, 2339350; 711843, 2339309; 711883, 2339303; 711802, 2339181; 
711843, 2339120; 712011, 2339134; 712140, 2339087; 712194, 2339080; 
712383, 2339114; 712423, 2339087; 712565, 2339093; 712741, 2338904; 
712639, 2338796; 712525, 2338742; return to starting point.

    (ii) Note: Map 28 follows:

[[Page 13076]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.028

(29) Molokai 6--Cyanea dunbarii--c (23 ha; 56 ac)
    (i) Unit consists of the following 8 boundary points: Start at 
713119, 2337891; 712721, 2338242; 712943, 2338337; 713018, 2338202; 
713295, 2338323; 713301, 2338229; 713470, 2338418; 713767, 2338337; 
return to starting point.

    (ii) Note: Map 29 follows:

[[Page 13077]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.029

(30) Molokai 6--Cyanea grimesiana ssp. grimesiana--a (2,133 ha; 5,272 
ac)
    (i) Unit consists of the following 147 boundary points: Start at 
724402, 2341280; 724061, 2341168; 723989, 2341034; 724140, 2340797; 
724323, 2340631; 724436, 2340432; 724436, 2340432; 724485, 2340334; 
724485, 2340334; 724485, 2340334; 724496, 2340239; 724495, 2340236; 
724406, 2340142; 724406, 2340141; 724328, 2339992; 724289, 2339246; 
724392, 2338911; 724498, 2338755; 724498, 2338755; 724580, 2338634; 
724934, 2338251; 725144, 2337958; 724994, 2337760; 725003, 2337485; 
725003, 2337479; 725003, 2337479; 725257, 2337263; 725252, 2336892; 
725552, 2336696; 725813, 2336660; 726097, 2336793; 726225, 2337071; 
726132, 2337378; 725950, 2337999; 725950, 2337999; 725948, 2337998; 
725947, 2337998; 725906, 2338120; 725645, 2338566; 725448, 2338803; 
725338, 2339603; 725350, 2340002; 725368, 2340078; 725368, 2340079; 
725431, 2340616; 726134, 2340129; 726517, 2340344; 726517, 2340585; 
726288, 2341264; 725894, 2341967; 725924, 2342152; 726122, 2342269; 
726708, 2342417; 727260, 2342635; 727711, 2342629; 728174, 2342570; 
728226, 2342394; 727905, 2342331; 727855, 2342374; 727164, 2342368; 
726825, 2342214; 726406, 2342096; 726455, 2341942; 726831, 2341350; 
726961, 2340727; 726862, 2340024; 726619, 2339809; 726149, 2339695; 
726027, 2339695; 726106, 2339243; 726139, 2339057; 726506, 2338221; 
726534, 2337929; 726712, 2337601; 727511, 2336999; 727854, 2336466; 
727650, 2336110; 727313, 2335793; 727248, 2335596; 727088, 2335525; 
726421, 2335393; 725792, 2335036; 725341, 2334952; 725013, 2334999; 
724477, 2335168; 724109, 2335080; 723632, 2335018; 722824, 2335018; 
722627, 2335055; 721913, 2335459; 721396, 2335678; 721470, 2336127; 
721713, 2336326; 721929, 2336656; 721893, 2337028; 722037, 2337255; 
721980, 2337890; 722331, 2337981; 723022, 2338160; 723014, 2338043; 
723114, 2337949; 723297, 2337942; 723717, 2337932; 724017, 2338052; 
723979, 2338221; 724036, 2338277; 723697, 2338841; 723585, 2339283; 
723733, 2339688; 723818, 2340054; 723803, 2340329; 723696, 2340449; 
723662,

[[Page 13078]]

2340693; 723538, 2341038; 723396, 2341086; 723176, 2341034; 722908, 
2340945; 722675, 2340943; 722677, 2340938; 722661, 2340941; 722639, 
2340938; 722637, 2340946; 722457, 2340989; 722243, 2340955; 721785, 
2340772; 721651, 2340790; 721486, 2340778; 721475, 2340813; 720997, 
2341127; 720995, 2341131; 720861, 2341600; 720942, 2341609; 721062, 
2341540; 721334, 2341227; 721651, 2341103; 721861, 2341113; 722188, 
2341248; 722488, 2341323; 722939, 2341279; 723503, 2341530; 723727, 
2341654; 724109, 2341592; 724378, 2341623; 724450, 2341588; 724473, 
2341445; 724325, 2341519; 724244, 2341392; return to starting point.

    (ii) Note: Map 30 follows:
    [GRAPHIC] [TIFF OMITTED] TR18MR03.030
    
(31) Molokai 6--Cyanea mannii--a (110 ha; 272 ac)
    (i) Unit consists of the following 31 boundary points: Start at 
709340, 2340505; 709294, 2340681; 709294, 2340850; 709317, 2341088; 
709693, 2341288; 710007, 2341357; 710238, 2341334; 710614, 2341241; 
710790, 2341242; 710928, 2341272; 711128, 2341288; 711412, 2340812; 
711005, 2341103; 710913, 2340927; 710215, 2341004; 709647, 2340888; 
709977, 2340773; 710084, 2340781; 710199, 2340766; 710491, 2340812; 
710783, 2340750; 710867, 2340758; 711136, 2340758; 711297, 2340581; 
711235, 2340428; 711005, 2340520; 710783, 2340543; 710575, 2340566; 
710146, 2340551; 709670, 2340666; 709462, 2340482; return to starting 
point.

    (ii) Note: Map 31 follows:

[[Page 13079]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.031

(32) Molokai 6--Cyanea mannii--b (81 ha; 199 ac)
    (i) Unit consists of the following 25 boundary points: Start at 
709386, 2340236; 709700, 2340251; 709777, 2340244; 710360, 2340090; 
710721, 2340190; 710890, 2340113; 711036, 2340244; 711105, 2340121; 
711312, 2340129; 711527, 2340036; 711780, 2340167; 711842, 2339768; 
711527, 2339729; 711205, 2339837; 711082, 2339791; 710890, 2339837; 
710905, 2339683; 710583, 2339737; 710499, 2339745; 710391, 2339791; 
709992, 2339860; 709839, 2339891; 709685, 2339898; 709624, 2339983; 
709501, 2340067; return to starting point.

    (ii) Note: Map 32 follows:

[[Page 13080]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.032

(33) Molokai 6--Cyanea mannii--c (78 ha; 192 ac)
    (i) Unit consists of the following 25 boundary points: Start at 
709961, 2339476; 710399, 2339438; 710644, 2339522; 710867, 2339568; 
711159, 2339607; 711059, 2339476; 710821, 2339422; 710951, 2339353; 
711320, 2339315; 711673, 2339307; 711865, 2339284; 711612, 2339184; 
711642, 2339131; 712057, 2339154; 712087, 2339062; 712256, 2338962; 
712172, 2338816; 712103, 2338900; 711888, 2338916; 711719, 2338931; 
711581, 2338908; 711542, 2338954; 711220, 2339039; 710836, 2339023; 
710207, 2339023; return to starting point.

    (ii) Note: Map 33 follows:

[[Page 13081]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.033

(34) Molokai 6--Cyanea mannii--d (160 ha; 396 ac)
    (i) Unit consists of the following 73 boundary points: Start at 
712661, 2339820; 712658, 2339819; 712672, 2339802; 712901, 2339679; 
713065, 2339521; 713151, 2339406; 713247, 2339345; 713227, 2339338; 
713378, 2339028; 713664, 2338964; 713937, 2338939; 713943, 2338936; 
714265, 2338754; 714620, 2338553; 714721, 2338508; 715049, 2338303; 
715206, 2338154; 715047, 2338011; 714522, 2338019; 714260, 2337828; 
714038, 2337597; 713569, 2337288; 713537, 2337168; 713934, 2337192; 
714324, 2337470; 714403, 2337375; 714038, 2337065; 714141, 2337001; 
714379, 2337129; 714570, 2337438; 714753, 2337438; 714586, 2337240; 
714581, 2337183; 714556, 2337183; 714560, 2337116; 713942, 2336733; 
713867, 2336746; 713697, 2336822; 713650, 2336839; 713539, 2336980; 
713504, 2337120; 713445, 2337255; 713334, 2337337; 713308, 2337344; 
713372, 2337417; 713426, 2337415; 713553, 2337613; 713775, 2337812; 
714022, 2338058; 714459, 2338209; 714912, 2338297; 714697, 2338392; 
714101, 2338305; 714101, 2338519; 714101, 2338702; 713903, 2338766; 
713648, 2338845; 713402, 2338805; 713210, 2338869; 713291, 2338925; 
713171, 2339131; 712925, 2339354; 712655, 2339521; 712369, 2339783; 
712266, 2340021; 712094, 2340230; 712094, 2340233; 712204, 2340159; 
712321, 2340118; 712461, 2339995; 712575, 2339895; 712590, 2339902; 
712650, 2339829; return to starting point.

    (ii) Note: Map 34 follows:

[[Page 13082]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.034

(35) Molokai 6--Cyanea mannii--e (168 ha; 416 ac)
    (i) Unit consists of the following 18 boundary points: Start at 
721578, 2334150; 721818, 2333970; 722169, 2333818; 722450, 2333777; 
722673, 2333777; 722910, 2333761; 723049, 2333401; 723285, 2332769; 
722714, 2332764; 722368, 2332823; 721718, 2332957; 721694, 2332993; 
721595, 2333086; 721408, 2333315; 721338, 2333379; 721314, 2333467; 
721314, 2333577; 721414, 2333839; return to starting point.

    (ii) Note: Map 35 follows:

[[Page 13083]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.035

(36) Molokai 6--Cyanea procera--a (348 ha; 860 ac)
    (i) Unit consists of the following 64 boundary points: Start at 
717603, 2337808; 717607, 2337707; 717538, 2337697; 717493, 2337690; 
716789, 2337580; 715922, 2337961; 715922, 2337961; 715899, 2337947; 
715302, 2337577; 715148, 2337577; 714597, 2338100; 714254, 2338220; 
713860, 2338374; 713740, 2338408; 713648, 2338488; 713476, 2338552; 
714171, 2339082; 714385, 2338922; 715008, 2338648; 715099, 2338665; 
715512, 2338547; 715842, 2338374; 716007, 2338202; 716190, 2338008; 
716282, 2337911; 716533, 2337808; 716653, 2337785; 716801, 2337820; 
716864, 2337877; 716864, 2338048; 716859, 2338282; 716854, 2338447; 
716801, 2338608; 716716, 2338911; 716636, 2339105; 716596, 2339225; 
716567, 2339476; 716516, 2339568; 716499, 2339773; 716390, 2339888; 
716316, 2340002; 716310, 2340070; 716167, 2340242; 716093, 2340453; 
716087, 2340602; 716047, 2340762; 716005, 2340909; 716252, 2340933; 
716289, 2340900; 716266, 2340906; 716562, 2340165; 716724, 2339814; 
716872, 2339396; 717182, 2339302; 717290, 2339294; 717293, 2339185; 
717390, 2338768; 717464, 2338534; 717470, 2338534; 717470, 2338517; 
717470, 2338385; 717470, 2338340; 717577, 2337948; 717601, 2337860; 
return to starting point.

    (ii) Note: Map 36 follows:

[[Page 13084]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.036

(37) Molokai 6--Cyanea procera--b (373 ha; 921 ac)
    (i) Unit consists of the following 24 boundary points: Start at 
721773, 2334290; 722229, 2334092; 722786, 2333963; 723322, 2333892; 
723936, 2333849; 724350, 2333885; 724757, 2333956; 725114, 2334042; 
725130, 2334067; 725385, 2333227; 725353, 2333037; 725264, 2333013; 
725228, 2333013; 725035, 2333013; 724850, 2332985; 724514, 2332971; 
724100, 2332956; 723650, 2332921; 723357, 2332942; 722765, 2332949; 
722244, 2332999; 721637, 2333171; 721522, 2333349; 721417, 2333581; 
return to starting point.

    (ii) Note: Map 37 follows:

[[Page 13085]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.037

(38) Molokai 6--Diellia erecta--a (99 ha; 244 ac)
    (i) Unit consists of the following 5 boundary points: Start at 
717246, 2334694; 718399, 2334223; 717831, 2333459; 717408, 2333703; 
716905, 2334028; return to starting point.

    (ii) Note: Map 38 follows:

[[Page 13086]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.038

(39) Molokai 6--Diplazium molokaiense--a (368 ha; 909 ac)
    (i) Unit consists of the following 31 boundary points: Start at 
724370, 2340778; 724382, 2340717; 724401, 2340620; 724402, 2340548; 
724402, 2340548; 724406, 2340143; 724406, 2340142; 724406, 2340141; 
724411, 2339687; 724412, 2339620; 724349, 2339241; 724412, 2338841; 
724498, 2338755; 724498, 2338755; 724498, 2338755; 724612, 2338641; 
724801, 2338452; 724881, 2338317; 725086, 2337967; 724633, 2337631; 
723549, 2337673; 723549, 2337936; 723538, 2338420; 723338, 2338957; 
723212, 2339157; 723170, 2339420; 723265, 2339662; 723328, 2339957; 
723402, 2340631; 723538, 2340830; 723812, 2340830; return to starting 
point.

    (ii) Note: Map 39 follows:

[[Page 13087]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.039

(40) Molokai 6--Eugenia koolauensis--a (471 ha; 1,164 ac)
    (i) Unit consists of the following 14 boundary points: Start at 
716675, 2334851; 717303, 2334375; 717982, 2334001; 719022, 2333773; 
719028, 2333297; 719168, 2332885; 719193, 2332460; 718755, 2332409; 
717855, 2332593; 717138, 2332929; 716434, 2333380; 715394, 2334071; 
715432, 2334280; 715978, 2334477; return to starting point.

    (ii) Note: Map 40 follows:

[[Page 13088]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.040

(41) Molokai 6--Flueggea neowawraea--a (61 ha; 151 ac)
    (i) Unit consists of the following 19 boundary points: Start at 
709451, 2339945; 709152, 2340035; 708894, 2340184; 708809, 2340348; 
708808, 2340350; 708842, 2340439; 708897, 2340586; 709165, 2340951; 
709293, 2341039; 709468, 2341039; 709723, 2340851; 709481, 2340637; 
709173, 2340349; 709227, 2340228; 709676, 2340228; 710031, 2340101; 
710105, 2339900; 709756, 2339987; 709595, 2340060; return to starting 
point.

    (ii) Note: Map 41 follows:

[[Page 13089]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.041

(42) Molokai 6--Hesperomannia arborescens--a (160 ha; 397 ac)
    (i) Unit consists of the following 49 boundary points: Start at 
723690, 2341666; 723886, 2341679; 724133, 2341723; 724285, 2341723; 
724349, 2341641; 724450, 2341609; 724545, 2341609; 724517, 2341540; 
724481, 2341462; 724473, 2341445; 724325, 2341519; 724244, 2341392; 
724356, 2341313; 724355, 2341311; 724222, 2341248; 723968, 2341229; 
723867, 2341197; 723816, 2341140; 723785, 2341045; 723981, 2340880; 
724152, 2340722; 724304, 2340468; 724330, 2340234; 724336, 2340038; 
724330, 2340038; 724330, 2339987; 724323, 2339866; 724273, 2339778; 
724152, 2339752; 723975, 2339752; 723804, 2339797; 723683, 2339803; 
723633, 2339847; 723582, 2339898; 723556, 2340145; 723562, 2340145; 
723537, 2340266; 723537, 2340373; 723442, 2340494; 723385, 2340621; 
723354, 2340849; 723322, 2340982; 723189, 2341153; 723094, 2341261; 
723088, 2341425; 723126, 2341520; 723271, 2341577; 723392, 2341641; 
723506, 2341710; return to starting point.

    (ii) Note: Map 42 follows:

[[Page 13090]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.042

(43) Molokai 6--Hesperomannia arborescens--b (175 ha; 432 ac)
    (i) Unit consists of the following 58 boundary points: Start at 
726819, 2340382; 726807, 2340335; 726636, 2340063; 726484, 2339892; 
726300, 2339809; 725990, 2339714; 725920, 2339581; 725901, 2339467; 
725850, 2339353; 725806, 2339315; 725724, 2339359; 725572, 2339359; 
725464, 2339397; 725407, 2339562; 725470, 2339816; 725527, 2340095; 
725578, 2340240; 725629, 2340272; 725755, 2340234; 725933, 2340145; 
726110, 2340082; 726275, 2340152; 726370, 2340209; 726503, 2340411; 
726510, 2340431; 726497, 2340437; 726516, 2340532; 726516, 2340614; 
726427, 2340791; 726433, 2340937; 726370, 2341184; 726224, 2341374; 
726066, 2341603; 725933, 2341850; 725945, 2342128; 726002, 2342230; 
726275, 2342287; 726541, 2342357; 726725, 2342414; 726839, 2342483; 
727073, 2342566; 727149, 2342509; 727149, 2342458; 727118, 2342369; 
726984, 2342306; 726870, 2342223; 726566, 2342116; 726459, 2342014; 
726459, 2341945; 726484, 2341843; 726547, 2341691; 726642, 2341609; 
726750, 2341425; 726782, 2341298; 726807, 2341127; 726839, 2340848; 
726889, 2340671; 726851, 2340462; return to starting point.

    (ii) Note: Map 43 follows:

[[Page 13091]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.043

    (44) Molokai 6--Hibiscus arnottianus ssp. immaculatus--b (108 ha; 
268 ac)
    (i) Unit consists of the following 37 boundary points: Start at 
715304, 2341435; 715298, 2341516; 715255, 2341795; 715255, 2341937; 
715304, 2342104; 715304, 2342179; 715385, 2342234; 715614, 2342265; 
715862, 2342216; 716066, 2342067; 716157, 2342009; 716159, 2342011; 
716327, 2341937; 716447, 2341883; 716302, 2341425; 716141, 2341479; 
715905, 2341726; 715910, 2341731; 715812, 2341813; 715738, 2341813; 
715719, 2341677; 715720, 2341541; 715887, 2341206; 716048, 2340921; 
716116, 2340859; 716097, 2340791; 716042, 2340741; 715912, 2340679; 
715825, 2340698; 715738, 2340747; 715658, 2340847; 715404, 2341026; 
715261, 2341144; 715193, 2341262; 715150, 2341342; 715174, 2341398; 
715230, 2341417; return to starting point.

    (ii) Note: Map 44 follows:

[[Page 13092]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.044

(45) Molokai 6--Hibiscus arnottianus ssp. immaculatus--c (218 ha; 538 
ac)
    (i) Unit consists of the following 77 boundary points: Start at 
723666, 2341344; 723521, 2341378; 723025, 2341248; 722721, 2341195; 
722521, 2341178; 722223, 2341256; 722138, 2341256; 722107, 2341251; 
721964, 2341109; 721712, 2341030; 721443, 2341048; 721225, 2341117; 
721025, 2341152; 720987, 2341152; 720883, 2341439; 720861, 2341600; 
720856, 2341640; 720767, 2341699; 720752, 2341731; 720765, 2341735; 
721008, 2341674; 721417, 2341474; 721686, 2341422; 721947, 2341500; 
722070, 2341534; 722069, 2341552; 722399, 2341587; 722816, 2341578; 
723077, 2341691; 723538, 2341839; 723903, 2341830; 724233, 2341830; 
724564, 2341674; 724453, 2341513; 724453, 2341513; 724423, 2341470; 
724325, 2341519; 724244, 2341392; 724326, 2341334; 724270, 2341301; 
724155, 2341272; 723949, 2341249; 723851, 2341180; 723845, 2341094; 
723989, 2340961; 723989, 2340961; 723991, 2340959; 724000, 2340951; 
724230, 2340796; 724390, 2340583; 724402, 2340549; 724402, 2340548; 
724436, 2340446; 724436, 2340432; 724436, 2340432; 724436, 2340431; 
724436, 2340314; 724390, 2340193; 724350, 2339964; 724310, 2339803; 
724299, 2339751; 724115, 2339746; 724000, 2339792; 723920, 2339906; 
723943, 2340027; 723989, 2340262; 723983, 2340440; 723874, 2340578; 
723725, 2340583; 723644, 2340710; 723679, 2340842; 723725, 2340882; 
723662, 2340974; 723650, 2341048; 723667, 2341152; 723702, 2341255; 
723702, 2341289; return to starting point.

    (ii) Note: Map 45 follows:

[[Page 13093]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.045

(46) Molokai 6--Hibiscus arnottianus ssp. immaculatus--d (276 ha; 681 
ac)
    (i) Unit consists of the following 52 boundary points: Start at 
728137, 2341804; 727911, 2341743; 727815, 2341830; 727763, 2341908; 
727798, 2342065; 727902, 2342247; 727868, 2342360; 727737, 2342430; 
727450, 2342456; 727111, 2342412; 726963, 2342273; 726685, 2342178; 
726468, 2342108; 726424, 2342021; 726468, 2341900; 726520, 2341717; 
726720, 2341456; 726790, 2341239; 726859, 2340848; 726824, 2340517; 
726711, 2340152; 726564, 2339952; 726311, 2339813; 725877, 2339778; 
725772, 2339561; 725425, 2339657; 725399, 2339996; 725368, 2340078; 
725368, 2340079; 725294, 2340274; 725320, 2340569; 725422, 2340671; 
725546, 2340613; 725674, 2340421; 726007, 2340256; 726381, 2340282; 
726458, 2340381; 726442, 2340648; 726402, 2341022; 726123, 2341391; 
725911, 2341717; 725877, 2342108; 726071, 2342357; 726416, 2342456; 
726720, 2342630; 727033, 2342699; 728085, 2342734; 728494, 2342482; 
728433, 2342369; 728276, 2342204; 728234, 2342042; 728234, 2342042; 
return to starting point.

    (ii) Note: Map 46 follows:

[[Page 13094]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.046

(47) Molokai 6--Ischaemum byrone--a (30 ha; 75 ac)
    (i) Unit consists of the following 18 boundary points and the 
intermediate coastline: Start at 722523, 2341702; 725160, 2341840; 
725118, 2341694; 724963, 2341709; 724963, 2341709; 724909, 2341714; 
724840, 2341714; 724719, 2341743; 724418, 2341814; 724326, 2341831; 
724245, 2341874; 723971, 2342008; 723722, 2342018; 723395, 2341836; 
723249, 2341714; 722994, 2341641; 722702, 2341629; 722508, 2341629; 
follow coastline and return to starting point.

    (ii) Note: Map 47 follows:

[[Page 13095]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.047

(48) Molokai 6--Ischaemum byrone--b (29 ha; 72 ac)
    (i) Unit consists of the following 26 boundary points and the 
intermediate coastline: Start at 728440, 2342742; 728356, 2342866; 
728088, 2343003; 727978, 2342980; 727842, 2342898; 727728, 2342811; 
727541, 2342752; 727327, 2342761; 727195, 2342757; 727194, 2342760; 
727001, 2342673; 726661, 2342637; 726418, 2342516; 726151, 2342370; 
725981, 2342297; 725835, 2342224; 725629, 2342188; 725763, 2342006; 
725562, 2342041; 725558, 2342045; 725582, 2342067; 725624, 2342097; 
725631, 2342109; 725630, 2342134; 725635, 2342160; 725632, 2342174; 
follow coastline and return to starting point.

    (ii) Note: Map 48 follows:

[[Page 13096]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.048

(49) Molokai 6--Labordia triflora--a (2 ha; 5 ac)
    (i) Unit consists of the following 5 boundary points: Start at 
714077, 2336828; 713934, 2336726; 713805, 2336774; 713819, 2336848; 
713941, 2336855; return to starting point.

    (ii) Note: Map 49 follows:

[[Page 13097]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.049

    (50) Molokai 6--Labordia triflora--b (2 ha; 6 ac)
    (i) Unit consists of the following 4 boundary points: Start at 
715351, 2335553; 715717, 2335465; 715866, 2335418; 715507, 2335425; 
return to starting point.

    (ii) Note: Map 50 follows:

[[Page 13098]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.050

(51) Molokai 6--Labordia triflora--c (13 ha; 32 ac)
    (i) Unit consists of the following 10 boundary points: Start at 
717469, 2335003; 717464, 2334998; 717421, 2334927; 717290, 2334910; 
717137, 2334850; 717038, 2334834; 716956, 2334889; 716743, 2335118; 
716660, 2335211; 716661, 2335212; return to starting point.

    (ii) Note: Map 51 follows:

[[Page 13099]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.051

(52) Molokai 6--Labordia triflora--d (523 ha; 1,292 ac)
    (i) Unit consists of the following 34 boundary points: Start at 
725106, 2333758; 725517, 2333924; 726111, 2334421; 726421, 2334714; 
726628, 2334621; 726580, 2334022; 726403, 2333749; 726403, 2333749; 
726386, 2333663; 726517, 2333545; 726703, 2333212; 726702, 2333211; 
726649, 2333179; 726032, 2332999; 725026, 2332806; 725026, 2332805; 
724835, 2332780; 723332, 2332760; 722771, 2332760; 721750, 2332951; 
721570, 2333120; 721570, 2333277; 721452, 2333546; 721323, 2333635; 
721309, 2333822; 721490, 2334177; 721866, 2333950; 722233, 2333793; 
722416, 2333793; 722547, 2333767; 722765, 2333679; 723324, 2333609; 
724137, 2333670; 724687, 2333723; return to starting point.

    (ii) Note: Map 52 follows:

[[Page 13100]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.052

(53) Molokai 6--Lysimachia maxima--a (408 ha; 1,009 ac)
    (i) Unit consists of the following 72 boundary points: Start at 
715599, 2338316; 715589, 2338334; 715539, 2338372; 715436, 2338451; 
715426, 2338481; 715392, 2338575; 715392, 2338634; 715480, 2338634; 
715670, 2338502; 715860, 2338283; 715998, 2338166; 716086, 2338042; 
716166, 2337947; 716400, 2337830; 716641, 2337772; 716787, 2337845; 
716853, 2338020; 716845, 2338232; 716751, 2338473; 716692, 2338641; 
716663, 2339028; 716597, 2339466; 716509, 2339773; 716378, 2339948; 
716217, 2340408; 716166, 2340744; 716045, 2340987; 716035, 2340985; 
715903, 2341234; 715713, 2341533; 715670, 2341730; 715691, 2341847; 
715845, 2341869; 715918, 2341847; 716027, 2341789; 716247, 2341606; 
716337, 2341533; 716226, 2341182; 716397, 2341056; 716537, 2341006; 
716619, 2341102; 716803, 2340912; 716949, 2340883; 717034, 2340760; 
717233, 2340650; 717327, 2340487; 717417, 2340471; 717512, 2340386; 
717678, 2340008; 717794, 2340014; 718125, 2339916; 718212, 2339767; 
718369, 2339712; 718630, 2339684; 718798, 2339820; 718794, 2339660; 
718638, 2339632; 718464, 2339513; 718342, 2339634; 718072, 2339707; 
717817, 2339620; 717634, 2339379; 717503, 2338992; 717430, 2338575; 
717517, 2338123; 717671, 2337717; 716789, 2337580; 715922, 2337961; 
715922, 2337961; 715899, 2337947; 715859, 2337922; 715692, 2338137; 
return to starting point.

    (ii) Note: Map 53 follows:

[[Page 13101]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.053

(54) Molokai 6--Lysimachia maxima--b (441 ha; 1,090 ac)
    (i) Unit consists of the following 21 boundary points: Start at 
718975, 2335752; 719482, 2335559; 720322, 2335289; 721118, 2334924; 
721592, 2334734; 722228, 2334683; 722563, 2334639; 723243, 2334639; 
724024, 2334778; 724280, 2334822; 724374, 2334778; 724499, 2334624; 
724564, 2334274; 723885, 2334084; 722542, 2333909; 722191, 2333916; 
721256, 2333960; 720782, 2334179; 719825, 2334654; 719139, 2334902; 
718454, 2335304; return to starting point.

    (ii) Note: Map 54 follows:

[[Page 13102]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.054

(55) Molokai 6--Lysimachia maxima--c (414 ha; 1,023 ac)
    (i) Unit consists of the following 99 boundary points: Start at 
723398, 2339253; 723381, 2339249; 723379, 2339344; 723376, 2339354; 
723378, 2339355; 723371, 2339592; 723381, 2339985; 723316, 2340399; 
723195, 2340566; 722958, 2340611; 722589, 2340566; 722226, 2340525; 
722075, 2340480; 721933, 2340369; 721913, 2340111; 721962, 2339832; 
721796, 2339934; 721815, 2340038; 721731, 2340378; 721548, 2340570; 
721486, 2340778; 721475, 2340813; 720997, 2341127; 720995, 2341131; 
720932, 2341305; 720944, 2341307; 721070, 2341237; 721237, 2341186; 
721590, 2341156; 721802, 2341181; 721989, 2341242; 722059, 2341343; 
722140, 2341398; 722256, 2341403; 722453, 2341403; 722695, 2341378; 
722882, 2341378; 723043, 2341388; 723225, 2341449; 723341, 2341534; 
723462, 2341625; 723659, 2341630; 723820, 2341620; 723951, 2341605; 
724047, 2341565; 724017, 2341474; 723977, 2341378; 723931, 2341327; 
723780, 2341242; 723735, 2341181; 723770, 2341025; 723916, 2340899; 
723931, 2340793; 723871, 2340707; 723830, 2340687; 723851, 2340621; 
723836, 2340621; 723911, 2340404; 723977, 2340232; 723957, 2339844; 
723945, 2339508; 723957, 2339309; 724047, 2338941; 724123, 2338779; 
724184, 2338658; 724295, 2338487; 724375, 2338345; 724374, 2338322; 
724461, 2338239; 724492, 2338174; 724476, 2338083; 724426, 2337992; 
724370, 2337896; 724234, 2337856; 724128, 2337881; 723825, 2337805; 
723593, 2337775; 723381, 2337800; 723281, 2337831; 723104, 2337856; 
722927, 2337891; 722776, 2337926; 722584, 2337952; 722549, 2337972; 
722498, 2337972; 722463, 2338015; 722941, 2338139; 722953, 2338093; 
723134, 2338068; 723281, 2338073; 723533, 2338078; 723780, 2338113; 
723881, 2338169; 723836, 2338265; 723735, 2338497; 723598, 2338744; 
723497, 2338966; 723437, 2339127; 723402, 2339238; return to starting 
point.

    (ii) Note: Map 55 follows:

[[Page 13103]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.055

(56) Molokai 6--Mariscus fauriei--a (9 ha; 22 ac)
    (i) Unit consists of the following 13 boundary points: Start at 
713863, 2336745; 713857, 2336753; 713410, 2336878; 713325, 2336923; 
713279, 2336986; 713376, 2336985; 713511, 2336946; 713642, 2336946; 
713732, 2336895; 713879, 2336895; 714141, 2336856; 713932, 2336726; 
713866, 2336753; return to starting point.

    (ii) Note: Map 56 follows:

[[Page 13104]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.056

(57) Molokai 6--Mariscus fauriei--b (307 ha; 758 ac)
    (i) Unit consists of the following 29 boundary points: Start at 
711134, 2334784; 711103, 2334882; 710967, 2334926; 710964, 2335005; 
711076, 2335127; 711056, 2335185; 710777, 2335257; 710794, 2335355; 
710715, 2335416; 710729, 2335488; 710676, 2335499; 710663, 2335614; 
710663, 2335614; 710691, 2335624; 710671, 2335709; 710460, 2335743; 
710429, 2335804; 710542, 2335849; 710583, 2335930; 710515, 2335992; 
710409, 2335978; 710392, 2336053; 710593, 2336220; 711546, 2336604; 
711828, 2336689; 712019, 2336866; 712138, 2336893; 713077, 2335992; 
712699, 2335566; return to starting point.

    (ii) Note: Map 57 follows:

[[Page 13105]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.057

(58) Molokai 6--Melicope mucronulata--a (84 ha; 206 ac)
    (i) Unit consists of the following 31 boundary points: Start at 
709335, 2340440; 709281, 2340521; 709168, 2340808; 709174, 2340968; 
709174, 2340969; 709403, 2341155; 709702, 2341325; 709740, 2341335; 
710171, 2341369; 710202, 2341362; 710386, 2341296; 710256, 2341200; 
710646, 2341064; 710595, 2340934; 710143, 2341019; 709911, 2340985; 
709730, 2340923; 709899, 2340810; 710284, 2340748; 710527, 2340788; 
710730, 2340737; 711052, 2340691; 711154, 2340578; 710838, 2340573; 
710555, 2340573; 710278, 2340573; 709933, 2340607; 709673, 2340720; 
709476, 2340618; 709582, 2340499; 709578, 2340495; return to starting 
point.

    (ii) Note: Map 58 follows:

[[Page 13106]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.058

(59) Molokai 6--Melicope mucronulata--b (84 ha; 208 ac)
    (i) Unit consists of the following 25 boundary points: Start at 
709700, 2339897; 709487, 2340217; 709638, 2340270; 710047, 2340146; 
710491, 2340155; 710740, 2340244; 710794, 2340128; 710998, 2340190; 
711221, 2340173; 711496, 2340004; 711594, 2340093; 711781, 2340101; 
711852, 2339799; 711914, 2339826; 712021, 2339817; 711941, 2339692; 
711959, 2339568; 711665, 2339621; 711194, 2339861; 711069, 2339799; 
710865, 2339861; 710847, 2339790; 710856, 2339719; 710456, 2339763; 
710171, 2339879; return to starting point.

    (ii) Note: Map 59 follows:

[[Page 13107]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.059

(60) Molokai 6--Melicope mucronulata--c (72 ha; 177 ac)
    (i) Unit consists of the following 23 boundary points: Start at 
711686, 2338887; 711563, 2338926; 711395, 2338998; 711198, 2339010; 
710768, 2339040; 710356, 2339058; 710070, 2339422; 710055, 2339441; 
710131, 2339465; 710391, 2339414; 710640, 2339527; 711007, 2339640; 
711375, 2339651; 711539, 2339504; 710945, 2339442; 711030, 2339324; 
711471, 2339278; 711346, 2339160; 711573, 2339069; 711940, 2339103; 
712268, 2339092; 712279, 2338951; 711866, 2338911; return to starting 
point.

    (ii) Note: Map 60 follows:

[[Page 13108]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.060

(61) Molokai 6--Melicope mucronulata--d (127 ha; 314 ac)
    (i) Unit consists of the following 54 boundary points: Start at 
713151, 2337624; 713032, 2337762; 712811, 2338054; 712578, 2338275; 
712261, 2338472; 712052, 2338634; 711975, 2338689; 712251, 2338741; 
712403, 2338838; 712635, 2338804; 712403, 2338713; 712296, 2338594; 
712426, 2338453; 712686, 2338572; 712872, 2338572; 712714, 2338464; 
712573, 2338368; 712646, 2338278; 712861, 2338318; 712929, 2338380; 
713073, 2338297; 713070, 2338261; 713573, 2338329; 713602, 2338227; 
713325, 2338097; 713161, 2337786; 713138, 2337662; 713415, 2337741; 
713443, 2337560; 713669, 2337656; 713828, 2337877; 714065, 2338091; 
714159, 2338128; 714322, 2338006; 714422, 2337906; 714116, 2337622; 
713720, 2337413; 713483, 2337277; 713596, 2337204; 713856, 2337176; 
714127, 2337374; 714421, 2337458; 714263, 2337210; 714110, 2337074; 
714336, 2337119; 714517, 2337362; 714738, 2337419; 714585, 2337260; 
714634, 2337162; 713969, 2336749; 713796, 2336764; 713546, 2337045; 
713480, 2337164; 713315, 2337345; return to starting point.

    (ii) Note: Map 61 follows:

[[Page 13109]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.061

(62) Molokai 6--Melicope mucronulata--e (89 ha; 221 ac)
    (i) Unit consists of the following 8 boundary points: Start at 
723107, 2333319; 723177, 2333312; 723171, 2333312; 723379, 2333304; 
723379, 2333312; 724393, 2333404; 724790, 2332688; 723525, 2332647; 
return to starting point.

    (ii) Note: Map 62 follows:

[[Page 13110]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.062

(63) Molokai 6--Melicope reflexa--a (484 ha; 1,195 ac)
    (i) Unit consists of the following 58 boundary points: Start at 
721122, 2341169; 721462, 2341052; 721683, 2341052; 721919, 2341079; 
722176, 2341197; 722460, 2341246; 722744, 2341232; 722897, 2341232; 
723209, 2341336; 723396, 2341398; 723534, 2341440; 723715, 2341447; 
723770, 2341370; 723756, 2341273; 723701, 2341135; 723618, 2340892; 
723611, 2340733; 723590, 2340573; 723652, 2340414; 723742, 2340150; 
723687, 2339998; 723722, 2339797; 723742, 2339471; 723742, 2339193; 
723715, 2339048; 723798, 2338881; 723840, 2338729; 723860, 2338639; 
724082, 2338251; 724117, 2338153; 724048, 2338056; 723777, 2338008; 
723465, 2337973; 723264, 2337987; 722945, 2338043; 722814, 2338070; 
722795, 2338101; 723022, 2338160; 723352, 2338246; 723352, 2338246; 
723352, 2338246; 723351, 2338247; 723331, 2338266; 723146, 2338429; 
723088, 2338481; 722865, 2339034; 722803, 2339144; 722612, 2339432; 
721796, 2339934; 721815, 2340038; 721731, 2340378; 721548, 2340570; 
721486, 2340778; 721475, 2340813; 720997, 2341127; 720995, 2341131; 
720966, 2341212; 721011, 2341232; return to starting point.

    (ii) Note: Map 63 follows:

[[Page 13111]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.063

(64) Molokai 6--Melicope reflexa--b (2,226 ha; 5,500 ac)
    (i) Unit consists of the following 83 boundary points: Start at 
721387, 2335501; 721509, 2335424; 721760, 2335424; 722136, 2335290; 
722228, 2335203; 722488, 2335115; 722822, 2335156; 723316, 2335315; 
723516, 2335215; 724077, 2335474; 724470, 2335273; 725231, 2335081; 
725608, 2335240; 726076, 2335574; 726712, 2335733; 727272, 2335967; 
727540, 2336327; 727498, 2336679; 727088, 2337047; 726319, 2337457; 
726168, 2337699; 726168, 2338051; 725875, 2338678; 725792, 2338979; 
725743, 2339143; 725691, 2339180; 725658, 2339740; 725733, 2339983; 
726118, 2339866; 726444, 2339958; 726695, 2340242; 726837, 2340661; 
726820, 2341037; 726695, 2341430; 726519, 2341664; 726398, 2341832; 
726285, 2342032; 726260, 2342150; 726293, 2342258; 726511, 2342267; 
726804, 2342426; 727322, 2342543; 727581, 2342559; 727724, 2342551; 
728050, 2342451; 728134, 2342400; 727832, 2341957; 727849, 2341865; 
727907, 2341740; 727950, 2341648; 728125, 2341505; 728744, 2341572; 
729221, 2341806; 729369, 2341792; 729593, 2341616; 729957, 2340844; 
730108, 2340669; 730258, 2340309; 730192, 2339932; 730058, 2339648; 
729740, 2338526; 729427, 2338327; 729264, 2337734; 728927, 2336948; 
727849, 2336461; 727650, 2336110; 727313, 2335793; 727105, 2335206; 
726607, 2335031; 726193, 2334817; 726193, 2334817; 725775, 2334663; 
724830, 2334537; 724144, 2334654; 722304, 2334454; 722003, 2334571; 
720806, 2335290; 720631, 2335399; 720539, 2335625; 720606, 2335742; 
720920, 2335559; 721173, 2335498; 721387, 2335499; return to starting 
point.

    (ii) Note: Map 64 follows:

[[Page 13112]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.064

(65) Molokai 6--Neraudia sericea--a (116 ha; 286 ac)
    (i) Unit consists of the following 19 boundary points: Start at 
717801, 2333397; 717692, 2333442; 717579, 2333480; 717491, 2333530; 
717347, 2333600; 716701, 2334383; 716295, 2334550; 716286, 2334559; 
716380, 2334641; 716631, 2334855; 716863, 2334955; 717039, 2334968; 
717121, 2334880; 717146, 2334754; 717341, 2334497; 717466, 2334340; 
718000, 2334120; 718125, 2334064; 718129, 2334063; return to starting 
point.

    (ii) Note: Map 65 follows:

[[Page 13113]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.065

(66) Molokai 6--Peucedanum sandwicense--b (61 ha; 151 ac)
    (i) Unit consists of the following 10 boundary points and the 
intermediate coastline: Start at 716106, 2342255; 716166, 2342156; 
716323, 2342056; 716493, 2342030; 716336, 2341530; 716324, 2341534; 
715896, 2341742; 715687, 2341830; 715259, 2342083; 715057, 2342471; 
follow coastline and return to starting point.

    (ii) Note: Map 66 follows:

[[Page 13114]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.066

(67) Molokai 6--Peucedanum sandwicense--c (84 ha; 208 ac)
    (i) Unit consists of the following 17 boundary points and the 
intermediate coastline: Start at 727593, 2342860; 727604, 2342849; 
727663, 2342832; 727670, 2342363; 727415, 2342390; 726998, 2342335; 
726592, 2342181; 726251, 2342159; 726075, 2342071; 725757, 2341995; 
725581, 2342066; 725582, 2342067; 725624, 2342097; 725631, 2342109; 
725630, 2342134; 725635, 2342160; 725632, 2342174; follow coastline and 
return to starting point.

    (ii) Note: Map 67 follows:

[[Page 13115]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.067

(68) Molokai 6--Phyllostegia mannii--a (480 ha; 1,185 ac)
    (i) Unit consists of the following 37 boundary points: Start at 
716869, 2338015; 716890, 2338405; 716806, 2338901; 716711, 2339439; 
716542, 2340030; 716162, 2340801; 715962, 2341265; 716004, 2341581; 
716344, 2341557; 716226, 2341182; 716397, 2341056; 716537, 2341006; 
716619, 2341102; 716803, 2340912; 716949, 2340883; 717034, 2340760; 
717233, 2340650; 717327, 2340487; 717417, 2340471; 717512, 2340386; 
717678, 2340008; 717794, 2340014; 718125, 2339916; 718212, 2339767; 
718369, 2339712; 718630, 2339684; 718798, 2339820; 718794, 2339660; 
718638, 2339632; 718369, 2339448; 718361, 2339127; 718483, 2338864; 
718272, 2338643; 718273, 2338203; 718311, 2337817; 716789, 2337580; 
716695, 2337621; return to starting point.

    (ii) Note: Map 68 follows:

[[Page 13116]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.068

(69) Molokai 6--Phyllostegia mannii--b (496 ha; 1,226 ac)
    (i) Unit consists of the following 32 boundary points: Start at 
721391, 2335576; 721786, 2335398; 722335, 2335155; 722504, 2335113; 
722757, 2335124; 722884, 2335208; 723517, 2335155; 723664, 2335155; 
724266, 2335345; 724783, 2335134; 725131, 2335039; 725416, 2335039; 
725479, 2334765; 725416, 2334532; 725289, 2334448; 724857, 2334406; 
724076, 2334554; 723422, 2334427; 722314, 2334448; 721269, 2334638; 
720436, 2334955; 719286, 2335282; 718807, 2335607; 719529, 2336227; 
719749, 2335976; 720278, 2335860; 720611, 2335749; 720920, 2335559; 
721062, 2335514; 721066, 2335513; 721173, 2335498; 721388, 2335510; 
return to starting point.

    (ii) Note: Map 69 follows:

[[Page 13117]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.069

(70) Molokai 6--Phyllostegia mannii--c (452 ha; 1,117 ac)
    (i) Unit consists of the following 61 boundary points: Start at 
723531, 2340665; 723531, 2340665; 723599, 2340516; 723630, 2340429; 
723723, 2340305; 723717, 2340125; 723698, 2340045; 723673, 2339815; 
723605, 2339530; 723605, 2339263; 723649, 2338953; 723705, 2338693; 
723835, 2338476; 723990, 2338277; 724008, 2338172; 723922, 2338066; 
723773, 2337955; 723562, 2337905; 723351, 2337887; 723196, 2337887; 
722805, 2337998; 722619, 2338035; 722603, 2338052; 723022, 2338160; 
723352, 2338246; 723352, 2338246; 723352, 2338246; 723351, 2338247; 
723331, 2338266; 723146, 2338429; 723088, 2338481; 722865, 2339034; 
722803, 2339144; 722612, 2339432; 721796, 2339934; 721815, 2340038; 
721731, 2340378; 721548, 2340570; 721486, 2340778; 721475, 2340813; 
721196, 2340996; 721237, 2341043; 721361, 2340999; 721454, 2340975; 
721689, 2340987; 721931, 2341099; 722148, 2341161; 722303, 2341185; 
722464, 2341179; 722669, 2341167; 722886, 2341204; 723115, 2341278; 
723289, 2341347; 723388, 2341409; 723611, 2341371; 723642, 2341353; 
723605, 2341223; 723599, 2341068; 723587, 2340925; 723518, 2340782; 
723543, 2340665; return to starting point.

    (ii) Note: Map 70 follows:

[[Page 13118]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.070

(71) Molokai 6--Plantago princeps--a (52 ha; 129 ac)
    (i) Unit consists of the following 18 boundary points: Start at 
717295, 2334884; 717244, 2334999; 717248, 2335060; 717948, 2334879; 
717956, 2334877; 718173, 2335063; 718196, 2335083; 718480, 2335327; 
718487, 2335324; 718623, 2335225; 718692, 2335058; 718669, 2334831; 
718654, 2334694; 718555, 2334611; 718441, 2334618; 718274, 2334580; 
717971, 2334633; 717492, 2334793; return to starting point.

    (ii) Note: Map 71 follows:

[[Page 13119]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.071

(72) Molokai 6--Pteris lidgatei--a (1,227 ha; 3,031 ac)
    (i) Unit consists of the following 80 boundary points: Start at 
723445, 2340106; 723260, 2340220; 722544, 2340390; 721922, 2340143; 
721803, 2339930; 721731, 2340378; 721548, 2340570; 721486, 2340778; 
721475, 2340813; 720997, 2341127; 720995, 2341131; 720883, 2341439; 
721294, 2341263; 721528, 2341222; 721947, 2341235; 722100, 2341344; 
722233, 2341375; 722232, 2341368; 722323, 2341386; 723080, 2341420; 
723496, 2341619; 724036, 2341574; 724064, 2341546; 723750, 2341295; 
723771, 2341089; 724145, 2340764; 724235, 2340541; 724295, 2339594; 
724406, 2338835; 724644, 2338479; 724933, 2338228; 725017, 2338008; 
724961, 2337795; 724790, 2337537; 724672, 2337327; 724612, 2337279; 
724393, 2337216; 724159, 2337205; 723555, 2337244; 723081, 2337145; 
723038, 2336915; 723379, 2336344; 723830, 2336114; 724367, 2335790; 
724657, 2335771; 724657, 2335773; 725406, 2335875; 725917, 2336114; 
726037, 2336097; 726147, 2335977; 726250, 2335603; 726122, 2335424; 
725892, 2335339; 725287, 2335083; 724946, 2335109; 724631, 2335236; 
724452, 2335211; 724146, 2335296; 723984, 2335296; 723600, 2335177; 
723175, 2335296; 722689, 2335211; 722152, 2335364; 721398, 2335722; 
721410, 2335958; 721470, 2336127; 721713, 2336326; 721929, 2336656; 
721893, 2337028; 722035, 2337272; 721980, 2337890; 722904, 2338129; 
722913, 2338109; 722924, 2338113; 723426, 2338095; 723943, 2338048; 
723898, 2338235; 723856, 2338440; 723711, 2338763; 723549, 2339479; 
return to starting point.

    (ii) Note: Map 72 follows:

[[Page 13120]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.072

(73) Molokai 6--Schiedea lydgatei--a (261 ha; 645 ac)
    (i) Unit consists of the following 30 boundary points: Start at 
714170, 2334964; 713902, 2334907; 713797, 2335102; 713416, 2335086; 
713375, 2335296; 712986, 2335199; 712946, 2335434; 712548, 2335232; 
712208, 2335321; 712191, 2335791; 711827, 2335726; 711462, 2335864; 
711444, 2336201; 711819, 2336380; 712392, 2336016; 712634, 2335930; 
712816, 2335930; 713078, 2335882; 713513, 2335857; 713845, 2335807; 
714450, 2335533; 714788, 2335442; 714911, 2335383; 715195, 2335308; 
715838, 2335147; 715840, 2335147; 715467, 2334842; 715299, 2334721; 
715010, 2334771; 714498, 2334867; return to starting point.

    (ii) Note: Map 73 follows:

[[Page 13121]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.073

[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED][REGTEXT][P]*[/P]?(74) Molokai 
6--Schiedea lydgatei--b (163 ha; 403 ac)
    (i) Unit consists of the following 16 boundary points: Start at 
717142, 2334694; 717649, 2334467; 717799, 2334397; 718083, 2334354; 
718335, 2334311; 718582, 2334274; 718897, 2334216; 718662, 2333788; 
718751, 2333561; 718662, 2333172; 718585, 2332948; 718548, 2333269; 
718208, 2333472; 717608, 2333577; 717202, 2333650; 716886, 2333975; 
return to starting point.

    (ii) Note: Map 74 follows:

[[Page 13122]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.074

(75) Molokai 6--Schiedea nuttallii--a (138 ha; 341 ac)
    (i) Unit consists of the following 11 boundary points: Start at 
716789, 2337580; 716978, 2337857; 716937, 2338109; 716872, 2338694; 
716865, 2338724; 718265, 2338899; 718271, 2338719; 718092, 2338312; 
718084, 2337808; 718087, 2337782; 716789, 2337580; return to starting 
point.

    (ii) Note: Map 75 follows:

[[Page 13123]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.075

(76) Molokai 6--Schiedea nuttallii--b (127 ha; 313 ac)
    (i) Unit consists of the following 9 boundary points: Start at 
719243, 2335981; 719377, 2335889; 719629, 2335799; 720198, 2335594; 
719706, 2334719; 719336, 2334824; 719149, 2334897; 718824, 2335019; 
718326, 2335195; return to starting point.

    (ii) Note: Map 76 follows:

[[Page 13124]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.076

(77) Molokai 6--Schiedea sarmentosa--a (608 ha; 1,502 ac)
    (i) Unit consists of the following 69 boundary points: Start at 
713966, 2334650; 713788, 2334691; 713615, 2334727; 713388, 2334805; 
712981, 2334936; 712897, 2334972; 712639, 2334989; 712070, 2335120; 
711195, 2335499; 710655, 2335616; 709885, 2335800; 709748, 2335926; 
710043, 2336068; 710830, 2336433; 710920, 2336613; 711297, 2336725; 
711647, 2336798; 711968, 2336987; 712027, 2337192; 712260, 2337279; 
712508, 2337556; 712727, 2337892; 713103, 2338002; 713052, 2337770; 
712568, 2337381; 712726, 2337266; 713010, 2337570; 713220, 2337591; 
713010, 2337297; 713378, 2337402; 713872, 2337886; 714166, 2337802; 
713462, 2337213; 713693, 2337171; 714302, 2337413; 714071, 2337087; 
714344, 2337118; 714523, 2337371; 714712, 2337413; 714649, 2337223; 
714705, 2337206; 713885, 2336698; 713409, 2336824; 713242, 2336872; 
712968, 2336950; 712064, 2336782; 711160, 2336425; 710834, 2336246; 
711129, 2336088; 711654, 2336362; 712169, 2336582; 712821, 2336719; 
713104, 2336561; 712053, 2336309; 711423, 2336067; 711517, 2335773; 
712106, 2335973; 712610, 2336309; 712758, 2336162; 712505, 2335973; 
712705, 2335889; 712652, 2335679; 712863, 2335815; 713115, 2335826; 
713441, 2335973; 713554, 2336015; 714666, 2335727; 714306, 2334848; 
714212, 2334524; return to starting point.

    (ii) Note: Map 77 follows:

[[Page 13125]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.077

[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED][REGTEXT][P]*[/P]?(78) Molokai 
6--Schiedea sarmentosa--b (266 ha; 657 ac)
    (i) Unit consists of the following 28 boundary points: Start at 
717066, 2334401; 717233, 2334267; 717586, 2334045; 717849, 2333974; 
718082, 2333944; 718381, 2333890; 718442, 2333895; 718444, 2333903; 
718564, 2333925; 718720, 2333686; 718734, 2333470; 718650, 2333017; 
718566, 2332647; 718524, 2332368; 718544, 2332329; 718510, 2332337; 
718423, 2332353; 718140, 2332456; 718106, 2332490; 717980, 2332538; 
717741, 2332640; 717257, 2332837; 717029, 2332921; 716778, 2333118; 
716581, 2333214; 716538, 2333243; 716559, 2333270; 716896, 2334032; 
return to starting point.

    (ii) Note: Map 78 follows:

[[Page 13126]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.078

(79) Molokai 6--Silene alexandri--a (608 ha; 1,502 ac)
    (i) Unit consists of the following 69 boundary points: Start at 
713966, 2334650; 713788, 2334691; 713615, 2334727; 713388, 2334805; 
712981, 2334936; 712897, 2334972; 712639, 2334989; 712070, 2335120; 
711195, 2335499; 710655, 2335616; 709885, 2335800; 709748, 2335926; 
710043, 2336068; 710830, 2336433; 710920, 2336613; 711297, 2336725; 
711647, 2336798; 711968, 2336987; 712027, 2337192; 712260, 2337279; 
712508, 2337556; 712727, 2337892; 713103, 2338002; 713052, 2337770; 
712568, 2337381; 712726, 2337266; 713010, 2337570; 713220, 2337591; 
713010, 2337297; 713378, 2337402; 713872, 2337886; 714166, 2337802; 
713462, 2337213; 713693, 2337171; 714302, 2337413; 714071, 2337087; 
714344, 2337118; 714523, 2337371; 714712, 2337413; 714649, 2337223; 
714705, 2337206; 713885, 2336698; 713409, 2336824; 713242, 2336872; 
712968, 2336950; 712064, 2336782; 711160, 2336425; 710834, 2336246; 
711129, 2336088; 711654, 2336362; 712169, 2336582; 712821, 2336719; 
713104, 2336561; 712053, 2336309; 711423, 2336067; 711517, 2335773; 
712106, 2335973; 712610, 2336309; 712758, 2336162; 712505, 2335973; 
712705, 2335889; 712652, 2335679; 712863, 2335815; 713115, 2335826; 
713441, 2335973; 713554, 2336015; 714666, 2335727; 714306, 2334848; 
714212, 2334524; return to starting point.

    (ii) Note: Map 79 follows:

[[Page 13127]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.079

(80) Molokai 6--Silene alexandri--b (266 ha; 657 ac)
    (i) Unit consists of the following 28 boundary points: Start at 
717066, 2334401; 717233, 2334267; 717586, 2334045; 717849, 2333974; 
718082, 2333944; 718381, 2333890; 718442, 2333895; 718444, 2333903; 
718564, 2333925; 718720, 2333686; 718734, 2333470; 718650, 2333017; 
718566, 2332647; 718524, 2332368; 718544, 2332329; 718510, 2332337; 
718423, 2332353; 718140, 2332456; 718106, 2332490; 717980, 2332538; 
717741, 2332640; 717257, 2332837; 717029, 2332921; 716778, 2333118; 
716581, 2333214; 716538, 2333243; 716559, 2333270; 716896, 2334032; 
return to starting point.

    (ii) Note: Map 80 follows:

[[Page 13128]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.080

[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED][REGTEXT][P]*[/P]?(81) Molokai 
6--Silene lanceolata--a (289 ha; 714 ac)
    (i) Unit consists of the following 33 boundary points: Start at 
716266, 2334444; 716261, 2334516; 716359, 2334579; 716396, 2334646; 
716504, 2334687; 716572, 2334713; 716655, 2334838; 716826, 2334915; 
717038, 2334833; 717215, 2334703; 717292, 2334620; 717712, 2334413; 
717800, 2334325; 718184, 2334200; 718262, 2334164; 718645, 2334060; 
718728, 2334014; 718951, 2333920; 719060, 2333843; 719075, 2333754; 
719029, 2333532; 719034, 2333329; 719138, 2333091; 719195, 2332759; 
719174, 2332707; 719127, 2332687; 718946, 2332692; 718728, 2332749; 
718578, 2332780; 718225, 2332946; 717852, 2333210; 717505, 2333428; 
717256, 2333630; return to starting point.

    (ii) Note: Map 81 follows:

[[Page 13129]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.081

(82) Molokai 6--Spermolepis hawaiiensis--a (85 ha; 211 ac)
    (i) Unit consists of the following 15 boundary points: Start at 
716625, 2334674; 716813, 2334572; 717300, 2334062; 717795, 2333591; 
718070, 2333402; 718415, 2333269; 718674, 2333206; 718698, 2333025; 
718659, 2332868; 718629, 2332777; 717686, 2333184; 716684, 2334404; 
716364, 2334553; 716353, 2334564; 716460, 2334611; return to starting 
point.

    (ii) Note: Map 82 follows:

[[Page 13130]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.082

(83) Molokai 6--Stenogyne bifida--a (585 ha; 1,445 ac)
    (i) Unit consists of the following 40 boundary points: Start at 
718790, 2335593; 719006, 2335519; 719486, 2335379; 720326, 2335124; 
721475, 2334733; 722382, 2334483; 723214, 2334383; 723564, 2334400; 
723789, 2334525; 724030, 2334533; 724230, 2334467; 724405, 2334350; 
724629, 2333975; 724663, 2333617; 724604, 2333418; 724563, 2333368; 
724330, 2333360; 724155, 2333343; 723597, 2333343; 723140, 2333310; 
723015, 2333335; 722732, 2333393; 722241, 2333493; 721708, 2333584; 
721417, 2333743; 721075, 2333976; 720376, 2334408; 719918, 2334617; 
719436, 2334775; 719286, 2334733; 718936, 2334720; 718641, 2334751; 
718269, 2334697; 718006, 2334697; 717897, 2334736; 717605, 2334906; 
717621, 2334964; 717948, 2334879; 717956, 2334877; 718196, 2335083; 
return to starting point.

    (ii) Note: Map 83 follows:

[[Page 13131]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.083

(84) Molokai 6--Zanthoxylum hawaiiense--a (259 ha; 640 ac)
    (i) Unit consists of the following 23 boundary points: Start at 
719023, 2333460; 718836, 2333440; 718456, 2333509; 718235, 2333529; 
717759, 2333668; 717061, 2333854; 716909, 2333978; 716661, 2334227; 
716274, 2334669; 716143, 2334966; 716364, 2335228; 716429, 2335272; 
717190, 2335075; 717206, 2335035; 717344, 2334876; 717572, 2334703; 
718083, 2334400; 718256, 2334365; 718877, 2334268; 718926, 2334151; 
718974, 2333999; 719085, 2333743; 719036, 2333536; return to starting 
point.

    (ii) Note: Map 84 follows:

[[Page 13132]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.084

[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED][REGTEXT][P]*[/P]?
[[Page 13133]]


(85) Molokai 7--Bidens wiebkei--b (240 ha; 593 ac)
    (i) Unit consists of the following 21 boundary points: Start at 
733159, 2342717; 733159, 2342717; 733163, 2342721; 733418, 2343010; 
733569, 2343051; 733836, 2343010; 734539, 2342951; 734906, 2342708; 
734940, 2342357; 734814, 2342115; 734747, 2341873; 734741, 2341866; 
734741, 2341866; 734576, 2341687; 734338, 2341564; 734246, 2341490; 
733836, 2341246; 733552, 2341204; 733301, 2341680; 733301, 2341681; 
733301, 2341684; return to starting point.

    (ii) Note: Map 85 follows:
    [GRAPHIC] [TIFF OMITTED] TR18MR03.085
    
(86) Molokai 8--Bidens wiebkei--c (124 ha; 305 ac)
    (i) Unit consists of the following 42 boundary points: Start at 
734689, 2340744; 734863, 2340794; 734864, 2340794; 735124, 2340970; 
735291, 2341321; 735533, 2341329; 735776, 2341212; 735776, 2341212; 
735776, 2341212; 735985, 2341212; 736223, 2341276; 736217, 2340947; 
736005, 2340825; 735918, 2340811; 735826, 2340828; 735600, 2340485; 
735600, 2340485; 735600, 2340485; 735600, 2340485; 735642, 2340318; 
735606, 2340279; 735606, 2340279; 735466, 2340126; 735433, 2340017; 
735366, 2340000; 735249, 2340109; 735273, 2340184; 735238, 2340212; 
735183, 2340197; 735126, 2340248; 735057, 2340393; 735057, 2340393; 
735057, 2340393; 734881, 2340469; 734706, 2340477; 734706, 2340477; 
734706, 2340477; 734706, 2340477; 734162, 2340310; 733947, 2340597; 
734672, 2340853; 734731, 2340835; return to starting point.

    (ii) Note: Map 86 follows:
    [GRAPHIC] [TIFF OMITTED] TR18MR03.086
    
(87) Molokai 9--Hibiscus brackenridgei--a (101 ha; 249 ac)
    (i) Unit consists of the following 11 boundary points: Start at 
709892, 2333333; 709202, 2334013; 709147, 2334290; 709480, 2334623; 
709485, 2334639; 709485, 2334639; 709485, 2334641; 709486, 2334643; 
709599, 2334575; 709599, 2334575; 710655, 2334053; return to starting 
point.

    (ii) Note: Map 87 follows:
    [GRAPHIC] [TIFF OMITTED] TR18MR03.087
    
(88) Molokai 9--Isodendrion pyrifolium--a (107 ha; 264 ac)
    (i) Unit consists of the following 5 boundary points: Start at 
709515, 2334641; 710692, 2334052; 709880, 2333311; 709180, 2334022; 
709149, 2334306; return to starting point.

    (ii) Note: Map 88 follows:

[[Page 13134]]

[GRAPHIC] [TIFF OMITTED] TR18MR03.088

(89) Molokai 9--Sesbania tomentosa--b (88 ha; 217 ac)
    (i) Unit consists of the following 5 boundary points: Start at 
709608, 2334578; 710672, 2334051; 709945, 2333376; 709250, 2334093; 
709408, 2334472; return to starting point.

    (ii) Note: Map 89 follows:
    [GRAPHIC] [TIFF OMITTED] TR18MR03.089
    
    [FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED][REGTEXT][P]*[/P]?(90) Table of 
Protected Species Within Each Critical Habitat Unit for Molokai

------------------------------------------------------------------------
            Unit name              Species occupied   Species unoccupied
------------------------------------------------------------------------
Molokai 1--Tetramolopium rockii--                     Tetramolopium
 a.                                                    rockii.
Molokai 2--Sesbania tomentosa--a  Sesbania            ..................
                                   tomentosa.
Molokai 2--Tetramolopium rockii-- Tetramolopium       ..................
 b.                                rockii.
Molokai 3--Centaurium             Centaurium
 sebaeoides--a.                    sebaeoides.
Molokai 3--Tetramolopium rockii-- Tetramolopium       ..................
 c.                                rockii.
Molokai 4--Brighamia rockii--a..  ..................  Brighamia rockii.
Molokai 4--Hibiscus arnottianus                       Hibiscus
 ssp. immaculatus.                                     arnottianus ssp.
                                                       immaculatus.--a.
Molokai 5--Brighamia rockii--b..  ..................  Brighamia rockii.
Molokai 5--Peucedanum             Peucedanum          ..................
 sandwicense--a.                   sandwicense.
Molokai 5--Tetramolopium rockii-- ..................  Tetramolopium
 d.                                                    rockii.
Molokai 6--Adenophorus periens--  ..................  Adenophorus
 a.                                                    periens.
Molokai 6--Adenophorus periens--  ..................  Adenophorus
 b.                                                    periens.

[[Page 13135]]

 
Molokai 6--Adenophorus periens--  ..................  Adenophorus
 c.                                                    periens.
Molokai 6--Alectryon              Alectryon
 macrococcus--a.                   macrococcus.
Molokai 6--Bidens wiebkei--a....  Bidens wiebkei.     ..................
Molokai 6--Brighamia rockii--c..  ..................  Brighamia rockii.
Molokai 6--Brighamia rockii--d..  Brighamia rockii.   ..................
Molokai 6--Brighamia rockii--e..  Brighamia rockii.   ..................
Molokai 6--Canavalia              ..................  Canavalia
 molokaiensis--a.                                      molokaiensis.
Molokai 6--Canavalia              ..................  Canavalia
 molokaiensis--b.                                      molokaiensis.
Molokai 6--Canavalia              Canavalia           ..................
 molokaiensis--c.                  molokaiensis.
Molokai 6--Clermontia             ..................  Clermontia
 oblongifolia ssp. brevipes--a.                        oblongifolia ssp.
                                                       brevipes.
Molokai 6--Clermontia             ..................  Clermontia
 oblongifolia ssp. brevipes--b.                        oblongifolia ssp.
                                                       brevipes.
Molokai 6--Clermontia             ..................  Clermontia
 oblongifolia ssp. brevipes--c.                        oblongifolia ssp.
                                                       brevipes.
Molokai 6--Ctenitis squamigera--  Ctenitis            ..................
 a.                                squamigera.
Molokai 6--Cyanea dunbarii--a...  ..................  Cyanea dunbarii.
Molokai 6--Cyanea dunbarii--b...  Cyanea dunbarii.    ..................
Molokai 6--Cyanea dunbarii--c...  ..................  Cyanea dunbarii.
Molokai 6--Cyanea grimesiana      Cyanea grimesiana
 ssp. grimesiana--a.               ssp. grimesiana.
Molokai 6--Cyanea mannii--a.....  Cyanea mannii.      ..................
Molokai 6--Cyanea mannii--b.....  Cyanea mannii.      ..................
Molokai 6--Cyanea mannii--c.....  Cyanea mannii.      ..................
Molokai 6--Cyanea mannii--d.....  Cyanea mannii.      ..................
Molokai 6--Cyanea mannii--e.....  Cyanea mannii.      ..................
Molokai 6--Cyanea procera--a....  Cyanea procera.     ..................
Molokai 6--Cyanea procera--b....  ..................  Cyanea procera.
Molokai 6--Diellia erecta--a....  Diellia erecta.     ..................
Molokai 6--Diplazium              ..................  Diplazium
 molokaiense--a.                                       molokaiense.
Molokai 6--Eugenia koolauensis--  ..................  Eugenia
 a.                                                    koolauensis.
Molokai 6--Flueggea neowawraea--  ..................  Flueggea
 a.                                                    neowawraea.
Molokai 6--Hesperomannia          Hesperomannia       ..................
 arborescens--a.                   arborescens.
Molokai 6--Hesperomannia          ..................  Hesperomannia
 arborescens--b.                                       arborescens.
Molokai 6--Hibiscus arnottianus   ..................  Hibiscus
 ssp. immaculatus--b.                                  arnottianus ssp.
                                                       immaculatus.
Molokai 6--Hibiscus arnottianus   Hibiscus            ..................
 ssp. immaculatus--c.              arnottianus ssp.
                                   immaculatus.
Molokai 6--Hibiscus arnottianus   Hibiscus
 ssp. immaculatus--d.              arnottianus ssp.
                                   immaculatus.
Molokai 6--Ischaemum byrone--a..  Ischaemum byrone.   ..................
Molokai 6--Ischaemum byrone--b..  Ischaemum byrone.   ..................
Molokai 6--Labordia triflora--a.  ..................  Labordia triflora.
Molokai 6--Labordia triflora--b.  ..................  Labordia triflora.
Molokai 6--Labordia triflora--c.  ..................  Labordia triflora.
Molokai 6--Labordia triflora--d.  Labordia triflora.  ..................
Molokai 6--Lysimachia maxima--a.  ..................  Lysimachia maxima.
Molokai 6--Lysimachia maxima--b.  ..................  Lysimachia maxima.
Molokai 6--Lysimachia maxima--c.  ..................  Lysimachia maxima.
Molokai 6--Mariscus fauriei--a..  ..................  Mariscus fauriei.
Molokai 6--Mariscus fauriei--b..  Mariscus fauriei.   ..................
Molokai 6--Melicope mucronulata-- ..................  Melicope
 a.                                                    mucronulata.
Molokai 6--Melicope mucronulata-- ..................  Melicope
 b.                                                    mucronulata.
Molokai 6--Melicope mucronulata-- ..................  Melicope
 c.                                                    mucronulata.
Molokai 6--Melicope mucronulata-- ..................  Melicope
 d.                                                    mucronulata.
Molokai 6--Melicope mucronulata-- ..................  Melicope
 e.                                                    mucronulata.
Molokai 6--Melicope reflexa--a..  ..................  Melicope reflexa.
Molokai 6--Melicope reflexa--b..  Melicope reflexa.   ..................
Molokai 6--Neraudia sericea--a..  Neraudia sericea.   ..................
Molokai 6--Peucedanum             ..................  Peucedanum
 sandwicense--b.                                       sandwicense.
Molokai 6--Peucedanum             Peucedanum          ..................
 sandwicense--c.                   sandwicense.
Molokai 6--Phyllostegia mannii--  ..................  Phyllostegia
 a.                                                    mannii.
Molokai 6--Phyllostegia mannii--  ..................  Phyllostegia
 b.                                                    mannii.
Molokai 6--Phyllostegia mannii--  ..................  Phyllostegia
 c.                                                    mannii.
Molokai 6--Plantago princeps--a.  ..................  Plantago princeps.
Molokai 6--Pteris lidgatei--a...  ..................  Pteris lidgatei.
Molokai 6--Schiedea lydgatei--a.  Schiedea lydgatei.  ..................
Molokai 6--Schiedea lydgatei--b.  Schiedea lydgatei.  ..................
Molokai 6--Schiedea nuttallii--a  ..................  Schiedea
                                                       nuttallii.
Molokai 6--Schiedea nuttallii--b  ..................  Schiedea
                                                       nuttallii.
Molokai 6--Schiedea sarmentosa--  Schiedea            ..................
 a.                                sarmentosa.
Molokai 6--Schiedea sarmentosa--  Schiedea            ..................
 b.                                sarmentosa.
Molokai 6--Silene alexandri--a..  ..................  Silene alexandri.
Molokai 6--Silene alexandri--b..  ..................  Silene alexandri.
Molokai 6--Silene lanceolata--a.  Silene lanceolata.  ..................
Molokai 6--Spermolepis            Spermolepis         ..................
 hawaiiensis--a.                   hawaiiensis.
Molokai 6--Stenogyne bifida--a..  Stenogyne bifida.   ..................
Molokai 6--Zanthoxylum            Zanthoxylum         ..................
 hawaiiense--a.                    hawaiiense.
Molokai 7--Bidens wiebkei--b....  Bidens wiebkei.     ..................
Molokai 8--Bidens wiebkei--c....  ..................  Bidens wiebkei.
Molokai 9--Isodendrion            ..................  Isodendrion
 pyrifolium--a.                                        pyrifolium.

[[Page 13136]]

 
Molokai 9--Hibiscus               ..................  Hibiscus
 brackenridgei--a.                                     brackenridgei.
Molokai 9--Sesbania tomentosa--b  ..................  Sesbania
                                                       tomentosa.
------------------------------------------------------------------------

    (d) Plants on Molokai; Constituent elements.
    (1) Flowering plants.

Family Apiaceae: Peucedanum sandwicense (makou)

    Molokai 5--Peucedanum sandwicense--a, Molokai 6--Peucedanum 
sandwicense--b, and Molokai 6--Peucedanum sandwicense--c, identified in 
the legal descriptions in paragraph (c) of this section, constitute 
critical habitat for Peucedanum sandwicense on Molokai. Within these 
units, the currently known primary constituent elements of critical 
habitat include, but are not limited to, the habitat components 
provided by:
    (i) Cliff habitats in brown soil and talus in Chamaesyce 
celastroides var. amplectans-Chenopodium oahuense coastal dry shrubland 
or Diospyros sandwicensis forest with one or more of the following 
associated native species: Artemisia australis, Dianella sandwicensis, 
Eragrostis sp., Lepidium bidentatum var. o-waihiense, Melanthera 
integrifolia, Metrosideros polymorpha, Osteomeles anthyllidifolia, 
Peperomia remyi, Pittosporum halophilum, Plectranthus parviflorus, 
Plumbago zeylanica, Portulaca lutea, Pritchardia hillebrandii, 
Reynoldsia sandwicensis, Santalum ellipticum, Scaevola sericea, 
Schiedea globosa, Senna gaudichaudii, or Sida fallax; and
    (ii) Elevations between 0 and 724 m (0 and 2,375 ft).

Family Apiaceae: Spermolepis hawaiiensis (NCN)

    Molokai 6--Spermolepis hawaiiensis--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Spermolepis hawaiiensis on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Ridge crests and gulch slopes in dry to mesic shrublands with 
one or more of the following associated native species: Dodonaea 
viscosa, Leptecophylla tameiameiae, or Metrosideros polymorpha; and
    (ii) Elevations between 589 and 972 m (1,932 and 3,188 ft).

Family Asteraceae: Bidens wiebkii (kookoolau)

    Molokai 6--Bidens wiebkei--a, Molokai 7--Bidens wiebkei--b, and 
Molokai 8--Bidens wiebkei--c, identified in the legal descriptions in 
paragraph (c) of this section, constitute critical habitat for Bidens 
wiebkii on Molokai. Within these units, the currently known primary 
constituent elements of critical habitat include, but are not limited 
to, the habitat components provided by:
    (i) Slopes in Metrosideros polymorpha-dominated mesic shrublands or 
dry or mesic Metrosideros polymorpha-Leptechophylla tameiameiae lowland 
shrubland with one or more of the following associated native species: 
Antidesma platyphyllum, Dodonaea viscosa, Lysimachia sp., Nestegis 
sandwicensis, Phyllanthus distichus, Pisonia sp., Psydrax odorata, or 
Scaevola gaudichaudii; and
    (ii) Elevations between 8 and 1,199 m (26 and 3,933 ft).

Family Asteraceae: Hesperomannia arborescens (NCN)

    Molokai 6--Hesperomannia arborescens--a and Molokai 6--
Hesperomannia arborescens--b, identified in the legal descriptions in 
paragraph (c) of this section, constitute critical habitat for 
Hesperomannia arborescens on Molokai. Within these units, the currently 
known primary constituent elements of critical habitat include, but are 
not limited to, the habitat components provided by:
    (i) Slopes or ridges in wet Metrosideros polymorpha-Dicranopteris 
linearis lowland forest or mesic Diospyros sandwicensis-Metrosideros 
polymorpha lowland forest transition zones with one or more of the 
following associated native species: Antidesma sp., Boehmeria grandis, 
Broussaisia arguta, Cibotium glaucum, Cheirodendron sp., Clermontia 
pallida, Coprosma sp., Cyrtandra sp., Diplopterygium pinnatum, 
Elaphoglossum sp., Freycinetia arborea, Hedyotis sp., Ilex anomala, 
Myrsine sp., Nephrolepis exaltata, Nestegis sandwicensis, Pipturus sp., 
Psychotria mauiensis, Smilax melastomifolia, Thelypteris sp., Urera 
glabra, or Wikstroemia sp.; and
    (ii) Elevations between 175 and 959 m (574 and 3,146 ft).

Family Asteraceae: Tetramolopium rockii (NCN)

    Molokai 1--Tetramolopium rockii--a, Molokai 2--Tetramolopium 
rockii--b, Molokai 3--Tetramolopium rockii--c, and Molokai 5--
Tetramolopium rockii--d, identified in the legal descriptions in 
paragraph (c) of this section, constitute critical habitat for 
Tetramolopium rockii on Molokai. Within these units, the currently 
known primary constituent elements of critical habitat include, but are 
not limited to, the habitat components provided by:
    (i) Hardened calcareous sand dunes or ash-covered basalt in the 
coastal spray zone or coastal dry shrubland and grassland with one or 
more of the following associated native species: Diospyros 
sandwicensis, Fimbristylis cymosa, Heliotropium anomalum, Melanthera 
integrifolia, Metrosideros polymorpha, Osteomeles anthyllidifolia, 
Pouteria sandwicensis, Psydrax odorata, Scaevola sp., Sida fallax, or 
Sporobolus virginicus; and
    (ii) Elevations between 0 and 198 m (0 and 649 ft).

Family Campanulaceae: Brighamia rockii (pua ala)

    Molokai 4--Brighamia rockii--a, Molokai 5--Brighamia rockii--b, 
Molokai 6--Brighamia rockii--c, Molokai 6--Brighamia rockii--d, and 
Molokai 6--Brighamia rockii--e, identified in the legal descriptions in 
paragraph (c) of this section, constitute critical habitat for 
Brighamia rockii on Molokai. Within these units, the currently known 
primary constituent elements of critical habitat include, but are not 
limited to, the habitat components provided by:
    (i) Rock crevices on steep basalt sea cliffs, often within the 
spray zone, in coastal dry or mesic forest, Eragrostis variabilis mixed 
coastal cliff community, or shrubland, or Pritchardia sp. coastal mesic 
forest with one or more of the following associated native species: 
Artemisia sp., Bidens sp., Carex wahuensis ssp. wahuensis, Chamaesyce 
celastroides var. amplectans, Cocculus orbiculatus, Cyrtomium falcatum, 
Cyperus phleoides ssp. phleoides, Dianella sandwicensis, Diospyros 
sandwicensis, Hedyotis littoralis, Lepidium bidentatum var. o-
waihiense, Metrosideros polymorpha, Osteomeles anthyllidifolia, 
Pittosporum halophilum, Pandanus tectorius, Peucedanum sandwicensis, 
Phymatosorus grossus, Pritchardia hillebrandii, Psydrax odorata, 
Reynoldsia sandwicensis, Scaevola sericea, Schiedea globosa, Senna

[[Page 13137]]

gaudichaudii, Tetramolopium sp., or Wikstroemia uva-ursi; and
    (ii) Elevations between 0 and 671 m (0 and 2,201 ft).

Family Campanulaceae: Clermontia oblongifolia ssp. brevipes (oha wai)

    Molokai 6--Clermontia oblongifolia ssp. brevipes--a, Molokai 6--
Clermontia oblongifolia ssp. brevipes--b, and Molokai 6--Clermontia 
oblongifolia ssp. brevipes--c, identified in the legal descriptions in 
paragraph (c) of this section, constitute critical habitat for 
Clermontia oblongifolia ssp. brevipes on Molokai. Within these units, 
the currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Shallow soil on gulch slopes in wet Metrosideros polymorpha-
dominated forests with one or more of the following associated plant 
species: Broussaisia arguta, Cheirodendron trigynum, Cibotium spp., 
Hedyotis terminalis, or Melicope sp.; and
    (ii) Elevations between 770 and 1,508 m (2,526 and 4,946 ft).

Family Campanulaceae: Cyanea dunbarii (haha)

    Molokai 6--Cyanea dunbarii--a, Molokai 6--Cyanea dunbarii--b, and 
Molokai 6--Cyanea dunbarii--c, identified in the legal descriptions in 
paragraph (c) of this section, constitute critical habitat for Cyanea 
dunbarii on Molokai. Within these units, the currently known primary 
constituent elements of critical habitat include, but are not limited 
to, the habitat components provided by:
    (i) Streambanks on moderate to steep slopes in mesic to wet 
Dicranopteris linearis-Metrosideros polymorpha lowland forest with one 
or more of the following associated native plant species: Charpentiera 
obovata, Cheirodendron trigynum, Clermontia kakeana, Diplazium 
sandwichianum, Freycinetia arborea, Perrottetia sandwicensis, or 
Pipturus albidus; and
    (ii) Elevations between 560 and 1,067 m (1,837 and 3,500 ft).

Family Campanulaceae: Cyanea grimesiana ssp. grimesiana (haha)

    Molokai 6--Cyanea grimesiana ssp. grimesiana--a, identified in the 
legal descriptions in paragraph (c) of this section, constitutes 
critical habitat for Cyanea grimesiana ssp. grimesiana on Molokai. 
Within this unit, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Cliffs or mesic forest often dominated by Metrosideros 
polymorpha or Metrosideros polymorpha and Acacia koa, with one or more 
of the following associated native species: Antidesma sp., Bobea sp., 
Cibotium sp., Cyrtandra sp., Dicranopteris linearis, Doodia sp., 
Freycinetia arborea, Nephrolepis sp., Psychotria sp., Syzygium 
sandwicensis, or Xylosma sp.; and
    (ii) Elevations between 94 and 1,324 m (308 and 4,343 ft).

Family Campanulaceae: Cyanea mannii (haha)

    Molokai 6--Cyanea mannii--a, Molokai 6--Cyanea mannii--b, Molokai 
6--Cyanea mannii--c, Molokai 6--Cyanea mannii--d, and Molokai 6--Cyanea 
mannii--e, identified in the legal descriptions in paragraph (c) of 
this section, constitute critical habitat for Cyanea mannii on Molokai. 
Within these units, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) The sides of deep gulches in Metrosideros polymorpha-dominated 
montane mesic forests with one or more of the following associated 
native species: Dicranopteris linearis, Vaccinium sp., or Wikstroemia 
sp.; and
    (ii) Elevations between 497 and 1,093 m (1,630 and 3,585 ft).

Family Campanulaceae: Cyanea procera (haha)

    Molokai 6--Cyanea procera--a and Molokai 6--Cyanea procera--b, 
identified in the legal descriptions in paragraph (c) of this section, 
constitute critical habitat for Cyanea procera on Molokai. Within these 
units, the currently known primary constituent elements of critical 
habitat include, but are not limited to, the habitat components 
provided by:
    (i) Walls of steep gulches in wet Metrosideros polymorpha-dominated 
lowland mixed forest with one or more of the following associated 
native species: Asplenium spp., Brousaissia arguta, Coprosma ochracea, 
Cyanea sp., Cyrtandra macrocalyx, Dicranopteris linearis, Pipturus 
albidus, Pisonia spp., Scaevola procera, or Touchardia latifolia; and
    (ii) Elevations between 331 and 1,209 m (1,086 and 3,966 ft).

Family Caryophyllaceae: Schiedea lydgatei (NCN)

    Molokai 6--Schiedea lydgatei--a and Molokai 6--Schiedea lydgatei--
b, identified in the legal descriptions in paragraph (c) of this 
section, constitute critical habitat for Schiedea lydgatei on Molokai. 
Within these units, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Ridges in dry to mesic grassland, shrubland, and forest with 
scattered native trees with one or more of the following associated 
native species: Dicranopteris linearis, Dodonaea viscosa, Leptecophylla 
tameiameiae, or Metrosideros polymorpha; and
    (ii) Elevations between 545 and 1,047 m (1,788 and 3,434 ft).

Family Caryophyllaceae: Schiedea nuttallii (NCN)

    Molokai 6--Schiedea nuttallii--a and Molokai 6--Schiedea 
nuttallii--b, identified in the legal descriptions in paragraph (c) of 
this section, constitute critical habitat for Schiedea nuttallii on 
Molokai. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Streamside grottos in wet Metrosideros polymorpha-Cheirodendron 
trigynum forest with one or more of the following associated native 
species: Asplenium lobulatum, Asplenium macraei, Asplenium unilaterale, 
Cyrtandra hawaiiensis, Thelypteris sandwicensis, or Vandenboschia 
davallioides; and
    (ii) Elevations between 988 and 1,341 m (3,241 and 4,398 ft).

Family Caryophyllaceae: Schiedea sarmentosa (NCN)

    Molokai 6--Schiedea sarmentosa--a and Molokai 6--Schiedea 
sarmentosa--b, identified in the legal descriptions in paragraph (c) of 
this section, constitute critical habitat for Schiedea sarmentosa on 
Molokai. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Steep or gentle to moderate slopes in Metrosideros polymorpha-
Dodonaea viscosa lowland dry or mesic shrubland, or dry to mesic forest 
dominated by Metrosideros polymorpha and/or Diospyros sandwicensis with 
one or more of the following associated native species: Alyxia 
oliviformis, Bidens menziesii, Carex meyenii, Chamaesyce sp., 
Chenopodium oahuense, Leptecophylla tameiameiae, Lipochaeta rockii, 
Nestegis sandwicensis, Nothocestrum latifolium, Pleomele auwahiensis, 
Sida fallax, or Sophora chrysophylla; and
    (ii) Elevations between 316 and 1,020 m (1,036 and 3,346 ft).

[[Page 13138]]

Family Caryophyllaceae: Silene alexandri (NCN)

    Molokai 6--Silene alexandri--a and Molokai 6--Silene alexandri--b, 
identified in the legal descriptions in paragraph (c) of this section, 
constitute critical habitat for Silene alexandri on Molokai. Within 
these units, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Moderate to steep slopes or cliffs in dry forest with one or 
more of the following associated native species: Bidens menziesii, 
Carex wahuensis, Diospyros sandwicensis, Dodonaea viscosa, 
Leptecophylla tameiameiae, or Schiedea spp.; and
    (ii) Elevations between 316 and 1,020 m (1,036 and 3,346 ft).

Family Caryophyllaceae: Silene lanceolata (NCN)

    Molokai 6--Silene lanceolata--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Silene lanceolata on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Gulch slopes, ridge tops, and cliffs in dry to mesic shrubland 
with one or more of the following associated native species: Bidens 
menziesii, Carex wahuensis, Diospyros sandwicensis, Dodonaea viscosa, 
Dubautia linearis, Leptecophylla tameiameiae, Metrosideros polymorpha, 
or Schiedea spp.; and
    (ii) Elevations between 581 and 1,043 m (1,906 and 3,421 ft).

Family Cyperaceae: Mariscus fauriei (NCN)

    Molokai 6--Mariscus fauriei--a and Molokai 6--Mariscus fauriei--b, 
identified in the legal descriptions in paragraph (c) of this section, 
constitute critical habitat for Mariscus fauriei on Molokai. Within 
these units, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Lava substrate or Diospyros sandwicensis-dominated lowland dry 
forests with one or more of the following associated native species: 
Peperomia sp., Psydrax odorata, or Rauvolfia sandwicensis; and
    (ii) Elevations between 436 and 887 m (1,430 and 2,909 ft).

Family Euphorbiaceae: Flueggea neowawraea (mehamehame)

    Molokai 6--Flueggea neowawraea--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Flueggea neowawraea on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Gulches in mesic forest; and
    (ii) Elevations between 450 and 618 m (1,476 and 2,027 ft).

Family Fabaceae: Canavalia molokaiensis (awikiwiki)

    Molokai 6--Canavalia molokaiensis--a, Molokai 6--Canavalia 
molokaiensis--b, and Molokai 6--Canavalia molokaiensis--c, identified 
in the legal descriptions in paragraph (c) of this section, constitute 
critical habitat for Canavalia molokaiensis on Molokai. Within these 
units, the currently known primary constituent elements of critical 
habitat include, but are not limited to, the habitat components 
provided by:
    (i) Exposed sites, both dry and mesic, on steep slopes in 
Metrosideros polymorpha-Dodonaea viscosa lowland shrubland and mesic 
shrublands with one or more of the following associated native species: 
Artemisia sp., Chamaesyce sp., Coprosma sp., Leptecophylla tameiameiae, 
or Wikstroemia sp.; and
    (ii) Elevations between 503 and 1,013 m (1,650 and 3,323 ft).

Family Fabaceae: Sesbania tomentosa (ohai)

    Molokai 2--Sesbania tomentosa--a and Molokai 9--Sesbania 
tomentosa--b, identified in the legal descriptions in paragraph (c) of 
this section, constitute critical habitat for Sesbania tomentosa on 
Molokai. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Windswept slopes, sea cliffs and weathered basaltic slopes in 
Scaevola sericea coastal dry shrubland with one or more of the 
following associated native species: Dodonaea viscosa, Jacquemontia 
ovalifolia ssp. sandwicensis, Melanthera integrifolia, or Sida fallax; 
and
    (ii) Elevations between 0 and 318 m (0 and 1,043 ft).

Family Gentianaceae: Centaurium sebaeoides (awiwi)

    Molokai 3--Centaurium sebaeoides--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Centaurium sebaeoides on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Volcanic or clay soils or cliffs in arid coastal areas with one 
or more of the following associated native species: Artemisia sp., 
Bidens sp., Chamaesyce celastroides, Cyperus phleoides, Dodonaea 
viscosa, Fimbristylis cymosa, Heteropogon contortus, Jacquemontia 
ovalifolia, Lipochaeta heterophylla, Lipochaeta succulenta, Lycium 
sandwicense, Lysimachia mauritiana, Melanthera integrifolia, Panicum 
fauriei, Panicum torridum, Scaevola sericea, Schiedea globosa, Sida 
fallax, or Wikstroemia uva-ursi; and
    (ii) Elevations between 0 and 39 m (0 and 128 ft).

Family Lamiaceae: Phyllostegia mannii (NCN)

    Molokai 6--Phyllostegia mannii--a, Molokai 6--Phyllostegia mannii--
b, and Molokai 6--Phyllostegia mannii--c, identified in the legal 
descriptions in paragraph (c) of this section, constitute critical 
habitat for Phyllostegia mannii on Molokai. Within these units, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Shaded sites in sometimes foggy and windswept, wet, open 
Metrosideros polymorpha-dominated montane forest with a native shrub 
and Cibotium sp. understory with one or more of the following 
associated native species: Asplenium sp., Broussaisia arguta, 
Cheirodendron trigynum, Coprosma ochracea, Cyanea sp., Dicranopteris 
linearis, Hedyotis hillebrandii, Pipturus albidus, Pouteria 
sandwicensis, Psychotria sp., Touchardia latifolia, Vaccinium sp., or 
Wikstroemia sp.; and
    (ii) Elevations between 603 and 1,508 m (1,978 and 4,946 ft).

Family Lamiaceae: Stenogyne bifida (NCN)

    Molokai 6--Stenogyne bifida--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Stenogyne bifida on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Gulch slopes in Metrosideros polymorpha-dominated montane mesic 
to wet forest with one or more of the following associated native 
species: Broussaisia arguta, Cheirodendron trigynum, Cibotium sp., 
Cyanea sp., Dicranopteris linearis, Dodonaea

[[Page 13139]]

viscosa, Hedyotis hillebrandii, Hedyotis sp., Leptecophylla 
tameiameiae, Pipturus albidus, Pouteria sandwicensis, Psychotria sp., 
Vaccinium sp., or Wikstroemia sp.; and
    (ii) Elevations between 467 and 1,300 m (1,532 and 4,264 ft).

Family Loganiaceae: Labordia triflora (kamakahala)

    Molokai 6--Labordia triflora--a, Molokai 6--Labordia triflora--b, 
Molokai 6--Labordia triflora--c, and Molokai 6--Labordia triflora--d, 
identified in the legal descriptions in paragraph (c) of this section, 
constitute critical habitat for Labordia triflora on Molokai. Within 
these units, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Mixed mesic Metrosideros polymorpha forest, with one or more of 
the following associated native species: Coprosma sp., Myrsine 
lessertiana, Nephrolepis exaltata, Pouteria sandwicensis, Sadleria 
cyatheoides, or Tetraplasandra hawaiensis; and
    (ii) Elevations between 207 and 1,097 m (679 and 3,598 ft).

Family Malvaceae: Hibiscus arnottianus ssp. immaculatus (kokio keokeo)

    Molokai 4--Hibiscus arnottianus ssp. immaculatus--a, Molokai 6--
Hibiscus arnottianus ssp. immaculatus--b, Molokai 6--Hibiscus 
arnottianus ssp. immaculatus--c, and Molokai 6--Hibiscus arnottianus 
ssp. immaculatus--d, identified in the legal descriptions in paragraph 
(c) of this section, constitute critical habitat for Hibiscus 
arnottianus ssp. immaculatus on Molokai. Within these units, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Steep sea cliffs in mesic forests with one or more of the 
following associated native species: Antidesma platyphyllum, Athyrium 
spp., Boehmeria grandis, Cyanea grimesiana, Diospyros sandwicensis, 
Metrosideros polymorpha, Pipturus spp., Psydrax odorata, or Urera 
glabra; and
    (ii) Elevations between 8 and 813 m (26 and 2,667 ft).

Family Malvaceae: Hibiscus brackenridgei (mau hao hele)

    Molokai 9--Hibiscus brackenridgei--a, identified in the legal 
descriptions in paragraph (c) of this section, constitute critical 
habitat for Hibiscus brackenridgei on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Slopes in lowland dry forest and shrubland; and
    (ii) Elevations between 174 to 317 m (571 to 1,040 ft).

Family Myrtaceae: Eugenia koolauensis (nioi)

    Molokai 6--Eugenia koolauensis--a, identified in the legal 
descriptions in paragraph (c) of this section, constitute critical 
habitat for Eugenia koolauensis on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Rocky gulches or gentle slopes with deep soil with one or more 
of the following associated native species: Diospyros sandwicensis, 
Erythrina sandwicensis, Nesoluma polynesicum, Nestegis sandwicensis, 
Nototrichium sandwicensis, Reynoldsia sandwicensis, or Xylosma 
hawaiiense; and
    (ii) Elevations between 475 and 992 m (1,558 and 3,254 ft).

Family Plantaginaceae: Plantago princeps (laukahi kuahiwi)

    Molokai 6--Plantago princeps--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Plantago princeps on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Streambanks in Metrosideros polymorpha lowland mesic forest 
with one or more of the following associated native species: Coprosma 
sp., Cyanea sp., Dodonaea viscosa, Dryopteris unidentata, Pipturus 
albidus, or Wikstroemia oahuensis; and
    (ii) Elevations between 1,008 and 1,213 m (3,306 and 3,979 ft).

Family Poaceae: Ischaemum byrone (Hilo ischaemum)

    Molokai 6--Ischaemum byrone--a and Molokai 6--Ischaemum byrone--b, 
identified in the legal descriptions in paragraph (c) of this section, 
constitute critical habitat for Ischaemum byrone on Molokai. Within 
these units, the currently known primary constituent elements of 
critical habitat include, but are not limited to, the habitat 
components provided by:
    (i) Coastal dry shrubland or Artemisia sp. cliff communities, near 
the ocean, among rocks or basalt cliffs or talus slopes with one or 
more of the following associated native species: Bidens molokaiensis, 
Fimbristylis cymosa, Hedyotis littoralis, Lysimachia mauritiana, or 
Pandanus tectorius; and
    (ii) Elevations between sea level and 235 m (0 and 771 ft).

Family Primulaceae: Lysimachia maxima (NCN)

    Molokai 6--Lysimachia maxima--a, Molokai 6--Lysimachia maxima--b, 
and Molokai 6--Lysimachia maxima--c, identified in the legal 
descriptions in paragraph (c) of this section, constitute critical 
habitat for Lysimachia maxima on Molokai. Within these units, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Metrosideros polymorpha-Dicranopteris linearis montane wet 
forest with one or more of the following associated native species: 
Dubautia sp., Hedyotis sp., Ilex anomala, Psychotria sp., or Vaccinium 
sp.; and
    (ii) Elevations between 446 and 1,329 m (1,463 and 4,359 ft).

Family Rutaceae: Melicope mucronulata (alani)

    Molokai 6--Melicope mucronulata--a, Molokai 6--Melicope 
mucronulata--b, Molokai 6--Melicope mucronulata--c, Molokai 6--Melicope 
mucronulata--d, and Molokai 6--Melicope mucronulata--e, identified in 
the legal description in paragraph (c) of this section, constitute 
critical habitat for Melicope mucronulata on Molokai. Within these 
units, the currently known primary constituent elements of critical 
habitat include, but are not limited to, the habitat components 
provided by:
    (i) Steep, west- or north-facing slopes in mesic Diospyros 
sandwicensis-Metrosideros polymorpha forest, Metrosideros polymorpha-
Dodonaea viscosa shrubland, or Metrosideros polymorpha-Leptechophylla 
tameiameiae shrubland with one or more of the following associated 
native species: Alyxia oliviformis, Alphitonia ponderosa, Coprosma 
foliosa, Hedyotis terminalis, Melicope hawaiensis, Myrsine lanaiensis, 
Nestegis sandwicensis, Ochrosia compta, Osteomeles anthyllidifolia, 
Phyllanthus sp., Pittosporum sp., Pleomele auwahiensis, or Psychotria 
mariniana; and
    (ii) Elevations between 354 and 1,015 m (1,161 and 3,329 ft).

Family Rutaceae: Melicope reflexa (alani)

    Molokai 6--Melicope reflexa--a Molokai 6--Melicope reflexa--b, 
identified in the legal descriptions in paragraph (c) of this section, 
constitute critical habitat for Melicope reflexa on

[[Page 13140]]

Molokai. Within these units, the currently known primary constituent 
elements of critical habitat include, but are not limited to, the 
habitat components provided by:
    (i) Wet Metrosideros polymorpha-dominated forest with native trees 
such as Cheirodendron sp., with one or more of the following associated 
native species: Alyxia oliviformis, Antidesma platyphyllum, 
Cheirodendron trigynum, Cibotium spp., Dicranopteris linearis, 
Freycinetia arborea, or Syzygium sandwicensis; and
    (ii) Elevations between 319 and 1,508 m (1,046 and 4,946 ft).

Family Rutaceae: Zanthoxylum hawaiiense (ae)

    Molokai 6--Zanthoxylum hawaiiense--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Zanthoxylum hawaiiense on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Gulch slopes in mesic Metrosideros polymorpha or Diospyros 
sandwicensis forest with one or more of the following associated native 
species: Alyxia oliviformis, Dodonaea viscosa, Leptecophylla 
tameiameiae, Myrsine lanaiensis, Nestegis sandwicensis, Osteomeles 
anthyllidifolia, Pleomele auwahiensis, or Psychotria sp.; and
    (ii) Elevations between 754 and 1,084 m (2,473 and 3,555 ft).

Family Sapindaceae: Alectryon macrococcus var. macrococcus (mahoe)

    Molokai 6--Alectryon macrococcus--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Alectryon macrococcus var. macrococcus on Molokai. Within 
this unit, the currently known primary constituent elements of critical 
habitat include, but are not limited to, the habitat components 
provided by:
    (i) Talus slopes or gulches within dry or mesic lowland forest with 
one or more of the following associated native species: Dodonaea 
viscosa, Lipochaeta sp., Myrsine sp., Nestegis sandwicensis, 
Nothocestrum sp., Pleomele sp., Psychotria sp., or Streblus pendulina; 
and
    (ii) Elevations between 616 and 1,026 m (2,020 and 3,365 ft).

Family Urticaceae: Neraudia sericea (NCN)

    Molokai 6--Neraudia sericea--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Neraudia sericea on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Gulch slopes and gulch bottoms in lowland dry to mesic 
Metrosideros polymorpha-Dodonaea viscosa-Leptechophylla tameiameiae 
shrubland or forest with one or more of the following associated native 
species: Alyxia oliviformis, Coprosma sp., Hedyotis sp., or Pleomele 
auwahiensis; and
    (ii) Elevations between 701 and 1,043 m (2,299 and 3,421 ft).

Family Violaceae: Isodendrion pyrifolium (wahine noho kula)

    Molokai 9--Isodendrion pyrifolium--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Isodendrion pyrifolium on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Dry shrublands with one or more of the following associated 
native species: Bidens menziesii, Dodonaea viscosa, Heteropogon 
contortus, or Leptecophylla tameiameiae; and
    (ii) Elevations between 173 and 322 m (567 and 1,056 ft).
    (2) Ferns and fern allies.

Family Adiantaceae: Pteris lidgatei (NCN)

    Molokai 6--Pteris lidgatei--a, identified in the legal descriptions 
in paragraph (c) of this section, constitutes critical habitat for 
Pteris lidgatei on Molokai. Within this unit, the currently known 
primary constituent elements of critical habitat include, but are not 
limited to, the habitat components provided by:
    (i) Steep streambanks in wet forest, and
    (ii) Elevations between 160 and 1,251 m (525 and 4,103 ft).

Family Aspleniaceae: Ctenitis squamigera (pauoa)

    Molokai 6--Ctenitis squamigera--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Ctenitis squamigera on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Mesic forest and gulch slopes with one or more of the following 
associated native species: Carex meyenii, Diospyros sandwicensis, 
Dryopteris unidentata, Metrosideros polymorpha, Nephrolepis exaltata, 
Nestegis sandwicensis, Pleomele auwahiensis, Pouteria sandwicensis, or 
Xylosma hawaiiense; and
    (ii) Elevations between 757 and 1,133 m (2,483 and 3,716 ft).

Family Aspleniaceae: Diellia erecta (asplenium-leaved diellia)

    Molokai 6--Diellia erecta--a, identified in the legal descriptions 
in paragraph (c) of this section, constitutes critical habitat for 
Diellia erecta on Molokai. Within this unit, the currently known 
primary constituent elements of critical habitat include, but are not 
limited to, the habitat components provided by:
    (i) Mixed mesic forest and mesic Diospyros sandwicensis forest with 
one or more of the following associated native species: Alyxia 
oliviformis, Bobea sp., Coprosma foliosa, Dodonaea viscosa, Dryopteris 
unidentata, Dubautia linearis ssp. opposita, Leptecophylla tameiameiae, 
Metrosideros polymorpha, Myrsine sp., Ochrosia compta, Pleomele 
auwahiensis, Psychotria sp., Sophora chrysophylla, Syzygium 
sandwicensis, or Wikstroemia sp.; and
    (ii) Elevations between 716 and 1,046 m (2,348 and 3,431 ft).

Family Aspleniaceae: Diplazium molokaiense (NCN)

    Molokai 6--Diplazium molokaiense--a, identified in the legal 
descriptions in paragraph (c) of this section, constitutes critical 
habitat for Diplazium molokaiense on Molokai. Within this unit, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Steep, rocky, wooded gulch walls in wet forests; and
    (ii) Elevations between 97 and 1,349 m (318 and 4,425 ft).

Family Grammitidaceae: Adenophorous periens (pendant kihi fern)

    Molokai 6--Adenophorus periens--a, Molokai 6--Adenophorus periens--
b, and Molokai 6--Adenophorus periens--c, identified in the legal 
descriptions in paragraph (c) of this section, constitute critical 
habitat for Adenophorous periens on Molokai. Within these units, the 
currently known primary constituent elements of critical habitat 
include, but are not limited to, the habitat components provided by:
    (i) Well-developed, closed canopy providing deep shade and high 
humidity on Metrosideros polymorpha trunks, in Metrosideros polymorpha-

[[Page 13141]]

Myrsine lessertiana forest with one or more of the following associated 
native species: Anoectochilus sandvicensis, Broussasia arguta, 
Cheirodendron trigynum, Cibotium glaucum, Coprosma ochracea, Cyanea 
sp., Cyrtandra sp., Dicranopteris linearis, Freycinetia arborea, 
Hedyotis terminalis, Ilex anomala, Labordia hirtella, Leptecophylla 
tameiameiae, Machaerina angustifolia, Melicope sp., Psychotria spp., 
Stenogyne kamehamehae, Syzygium sandwicensis, Vaccinium calycinum, or 
Viola chamissoniana ssp. robusta; and
    (ii) Elevations between 816 and 1,508 m (2,676 and 4,946 ft).

    Dated: February 27, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-5239 Filed 3-17-03; 8:45 am]
BILLING CODE 4310-55-P